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Book_.-- C . 5 _ 

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COPYRIGHT DEPOSIT. 


» 





















California 
Election Laws 







—■■** -f 





/ 3 & 

(P &f/3 


\ 

1913-14 














- 







Published by 
A. CARLISLE & CO. 
San Francisco 























Election Laws 


OF THE 


State of California, u.^. 

.shiJ'ufa.s sfa 



1913-14 




Copyright 1913 
A. CARLISLE & CO. 


©CI.A.‘J51;J7.J 




Table of Contents 


CHAPTER I. 

Citizenship as defined in the Constitution 

of the United States.p. 1 

CHAPTER II. 

Sections from the Revised Statutes of the 
United States relating to citizenship, .p. 2 

CHAPTER III. 

Sections from Constitution of California.p. 6 
CHAPTER IV. 

Sections of the Political Code relating to 


elections.p. 45 

CHAPTER V. 

Sections of the Penal Code relating to 
elections.p. 197 

CHAPTER VI. 

Sections of the Code of Civil Procedure 
relating to elections.p. 214 

CHAPTER VII. 

Important Statutes of California relating 

to elections.p. 223 

Direct Primary Law.p. 223 

Presidential Primary Act.p. 275 

Conduct of Election Campaigns.p. 286 

Voting Machines.pp. 294, 320 

Special acts concerning special election 
districts.p. 321 

CHAPTER VIII. 

Municipal Corporations.p.324-347 

Organization and Incorporation of. . *p. 327 

Classification of.p. 347 

Direct Legislation by. .p. 349 

Recall of Officers of.p. 355 

Control of Public Utilities.p. 359 


















1 


INDEX 






A Section. 

Absence does not affect residence 12 

Abstract of votes for judicial 

officers, etc.1288-1289 

Abstracts of votes for Governor 

and Lieutenant-Governorl292-1297 
Abstract of votes for Electors to 

be made by County Clerk 1308 
Abstract of votes for Electors, how 

transmitted.1309-1312 


Page. 

37 

173 

174-175 

175 

176 


Abstract of votes for Representa¬ 


tives to Congress. 1344 179 

Accounts of electors to be certified 1322 178 

Action in Court, on claim, when 

not maintained. 4 289 

To compel registration./ j }}} 


To cancel illegal registration 1109-1112 111-112 

To set aside election.1121-1123 218-219 


To annul, election must be 



brought within what time 

1115 

213 

In what Court to be com- 



menced. 

1118 

217 

Acts, when take effect. 

1 

8 

Enacting clause of. 

1 

8 

How submitted to the people. 

1 

8 

Administering oaths..1146- 

-1148 

121 


Affidavits of registration, what 


must show.1094-1097 96-103 

Certified copy prima facie 

evidence. 

Clerk must preserve. 

Binding of. 

Index of.. . 

Precinct books. 

Primary elections.< 

Constitute register required 
to be kept. 


1117 

113 

1103 

108 

1113 

112 

1115 

112 

1116 

113 

1366a 

182 

17 

223 

1103 

108 





















ii 


INDEX. 


Section. Page. 


Affidavits of registration—Cont’d. 
Constitute register used at 
special elections. 

Form of.<J 

Execution and return of... . 

Duty of clerks. 

Transfer of registration. 

Africans may be admitted to 

citizenship. 

Aliens enlisted in U. S. Army may 

become citizens. 

Enlisted in U. S. Navy and 
Marine Corps, how ad¬ 
mitted . 

Who may be admitted. 

Chinese may not. 

Residence .required. 

.Native of country at war 

with TJ. S. 

Children of naturalized aliens 
(See also Citizenship, Natura¬ 
lization.) 

Alteration of precinct. 

Amendments to Constitution to be 

advertised. 

Annexation Act of 1913. 

Application, for payment of claims 

Appointment of Ballot Clerks. 

Of Election Board. 

Arrangement of names on tickets 

Arrest, privileged from. 

Assemblymen, Election of. 

Assembly Districts, precinct 
boundaries not to be 

changed. 

Number of. 

Division of state into. 

Assistance to disabled voters. 

Assisted voters, list. 

Affidavits. 


1121 

115 

1095a 

101 

1096 

102 

1095a 

101 

1095a 

101 

1094 

96 

2169 

3 

2166 

2 


• • • • 

3 

2169 

3 

• • • • 

3 

2170 

3 

2171 

4 

2172 

4 


1129 

116 

1195 

128 

1195a 

129 

4-5 

289-290 

1142 

118 

1142 

118 

1197 

132 

2 

7 

1069 

88 

228 

84 


229 

85 

6 

15 

90 

61-83 

1208 

150 

1208 

150 

1208 

150 


























INDEX. 


111 


Section. Page. 

Australian Ballot Law.1185-1259 125-164 

Authentication of certificate of 

election. 1284 171 

B 

Ballots, election shall be by. 5 8 

At public expense. 1185 125 

Ballot paper. 1196 130 

Blank Column. 1197 132 

Election officers, changing by 48 199 

Changing, destroying, adding 

to, mixing, stuffing. 45 198 

Officer, marking. 49 200 

Changing, or altering returns 48 199 

Charge for. 1185 125 

Counting of.1252-1257 161-163 

County clerk to furnish. 1196 130 

Destruction of unused. 1199 143 

Endorsement on back. 1197 132 

Errors of publication to be 

corrected. 1200 143 

Form of, and arrangement of 

names. 1197 132 

General ticket. 1197 132 

Non-Partisan Ticket. . 

How prepared...{ I 47 

How folded. 1205 147 

Independent tickets. 1197 132 

Independent nominations.... 1197 132 

Instructions on. 1197 132 

Margin on. 1197 132 

Municipal ticket, different tint 1197 132 

Names in parallel columns... 1197 132 

Name can appear but once... 1197 132 

Not counted. 1211 152 

Number on ballot. 1197 132 

Number of, to be provided .. 1199 143 

Paper for. 1196 130 

Printing, binding, and record- ( 1079 94 

ingof. \ 1198 143 

Receipts for. 1201 144 





























iv INDEX. 

Section. Page. 

Ballots—Continued. 

Replacing in box. 1255 162 

Spoiled, to be cancelled and 

returned. 1207 149 

Samples furnished. 1210 151 

Samples at primary. 13 254 

Size of. .... 1196 130 

Separate ones to be provided. 1196 130 

Type of. 1197 132 

To be large enough. 1196 130 

To be bound in book. 1198 143 

To be delivered to precincts.. 1201 144 

To be strung. 1259 164 

To be recorded. 1258 163 

To be marked with a stamp.. 1205 147 

To be provided by County/ 1196 130 

Clerk.\ 1079 94 

To be watermarked. 1196 130 

Watermark, when changed.. 1196 130 

Void. 1211 152 

Unused. 1207 149 

Unfolding or marking. 49 200 

(See also Primary Elections, 

Voting Machines) 

Ballot, when voted. 1205 147 

How prepared by voter. 1205 147 

Removal of number. 1209 151 

Numbers to be destroyed.... 1205 147 

Ballot-box, to exhibit. 1162 123 

Carrying away. 45 198 

To be provided and labeled.. 1203 145 

Ballot Clerks, appointment of.... 1142 118 

Pay of. 1072 89 

Duty of. 1205 147 

To account for ballots. 1207 149 

Ballot law, reform.1185-1259 12V164 

Betting on elections. 60 204 

Binding of ballots. 1198 143 

Binding of registration affidavits 1113 112 

Blanks to be furnished by Board of) 1073 89 

Supervisors./ 4025 190 

Blank column on ballots. 1197 132 






























INDEX. y 

Section. Page. 

Boards of Election.1142-1164 118-123 

Compensation. 1072 89 

Assignment of compensation 

a misdemeanor... 1072a 89 

Failure to appoint. 1144 121 

Fine for refusal to serve. 1142 118 

Affidavits of registration to 

be delivered to. 1116 113 

Supervisors must appoint... 1131 117 

Officers of, how appointed... 1142 118 

Duties of, etc. 1142 118 

How to determine residence of 


Judges must not be of same 

political party. ,1143 121 

Keep list of challenges. 1243 161 

Must exhibit ballot box. 1162 123 

Must post register. 1149 121 

Must seal up voting papers... 1261 164 

Neglect of member to attend 1144 121 

Proclaim the closing of polls . 1164 123 

Proclaim the opening of polls 1163 123 

Returns to be made to.1263-1264 165 

Duty in regard to roster of 

voters. 1264a 166 

To be sworn. 1148 121 

Tickets unfolding or marking 

by officers. 49 200 

Who eligible. 1142 118 

Acting as member when in¬ 
eligible, penalty. 49a 200 

Refusing to act when eligible 49a 200 

Special elections. 1151 122 

Municipal elections. 1151 122 

(See also Election Officers) 

Boards of election commissioners.. 1075-1080 | 90-95 
(See Election commissioners.) ; t- ‘ ^ 1 

Booths, how many provided. 1203 142-145 

How many to occupy. 1206 149 

How arranged. 1203 145 

Restrictions concerning. 1203 145 

Bond, official.,. 4022 188 



























vi INDEX. 

Section. Page. 

Boundaries of election precincts 1127-1132 116-117 

Municipal. 1133 118 

Assembly or senatorial dis¬ 
tricts not to be changed. 229 85 

Boulevard districts... .... 321 

Bribery. 10 37 

Under primary law. 32 273 

Bribing legislative caucuses. 57 207 

C 

Cancellation on Great Register.... 1105 109 

When must be made. 1106 109 

Of illegal registration, action 

in law to compel.1108-1112 111-112 

Candidates, nomination of. 1188 126 

For President. .... 275-286 

For delegate to national con¬ 
ventions. .... 275-286 

Who eligible to county, dis¬ 
trict or township office... 4023 189 

Bet or wager unlawful. 60 209 

Filing statement. 1 286 

May avoid responsibility for 

illegal payment. 1 287 

May incur what expenses.... 3 288 

Nomination of other than by 

Primary Election. 1188 125 

Anonymous circulars. 62b 210 

Intended to injure. 62a 210 

Soliciting, demanding or pledg¬ 
ing votes of, for or against 

bill.. 55a 206 

(See also Election Campaigns, 

Primary Elections) 

Canvass of election returns, when 

Supervisors shall meet... 1278 169 

Postponement of. 1280 169 

How made. 1281 170 

For Governor and Lieutenant- 

Governor.1296-1297 175 






















INDEX. 

Canvass of votes. 

How commenced. 

Comparing lists. 

Canvassing returns. 

Of primaries. 

Cards of instruction. 

Printing of, a County charge 

Certified abstract of votes to be 
made by County Clerk.... 

Certified abstract of district re¬ 
turns. 

Certified copy of entries on register 
to be given. 

Certificate of allowance of claims . 

Certificates of election. 

To be issued by Governor... 
For Congressmen, Governor 

to issue. 

Duty of County Clerk con¬ 
cerning. 

Duty of Secretary of State 

concerning. 

To County and Township 
officers. 

Certificates of nomination, how 

made. 

Preservation of. 

Filed. 

What must show. 

When not filed.,. 

Other than by Primary Elec¬ 
tions. 

Each certificate must be sep¬ 
arate paper. 

Each signer must verify. 

Must be bound. 

Duty of Clerk. 

Time for filing. 

Defects in. 


rii 


Section. 

Page. 

1252 

161 

1253 

161 

1254-1256 

162 

1252-1257 

161-163 

22 

259 

1210 

151 

1185 

125 

1286-1289 

172-173 

1285 

125 

1107 

111 

5 

290 

\ 1284 

171 

) 1297 

175 

1314 

177 

1347 

183 

1344 

179 

1346 

180 

) 

4026 

190 

1188 

126 

1191 

127 

1188 

126 

1188 

126 

1188 

126 

1188 

126 

1188 

126 

1188 

126 

1188 

126 

1188 

126 

1192 

123 

1192 

128 


s 



























riii INDEX. 


Section. Page. 

Certificates of nomination—Cont'd. 

Of registration by County 

Clerk. 1107 111 

(See also Primary Elections) 

Challenges. 1204 146 

1224-1243 156-161 

Grounds of.1230-1237 156-159 

Overruled. 1204 146 

Result of.1242-1243 156 

At primary elections. 16 256 

Change of precinct. 1129 116 

Charge of fees, none. 1071 88 

Charters for counties. 7 \ 17 

Charters for cities. 8-8^ 27-33 

What to contain. 33 

Children of citizens born abroad.. 1993 2 

Of naturalized aliens. 2172 4 

Chinese may not be naturalized.. _ 3 

Cities (see Municipal corporations). 

Citizens not of this State, rights 

and duties of. 59-60 46 

Citizens, who are not. 57 46 

Who are . 51 45 

Citizenship as defined by U. S. 

Constitution . .... 1 

Of children born abroad .... 1993 2 

Not affected by race, color, 

etc. 2004 2 

Seamen, how admitted to... 2174 5 

Who may vote. 1 6 

(See also Aliens, Naturaliza¬ 
tion.) 

Claims, for election expenses. 4-5 289-290 

Clerk of Boardjof Supervisors must 
make statement of re¬ 
turns. 1282 171 

Clerks, appointment of. 1142 118 

Pay of. 1072 89 

Closing and opening of polls. 1160 122 

Closing of polls, proclaim same... 1164 123 

Commence voting. 1224 156 


























INDEX. 


Section. 


is 

Page. 


Commissions to be issued by Gov¬ 
ernor. 1291 174 

Committee, duty of. 2 287 

Shall appoint treasurer. 2 287 

Improper expenditures by, 

what are. 54-54b 196-198 

May expend money for what 

purposes. 3 288 

Vouchers. 1 286 

When to pay claims for elec¬ 
tion expenses. 4 287 

Statement, where filed. 2 287 

Comparing lists of votes.1254-1256 162 

Compensation of messenger for de¬ 
livery of abstracts of 

votes. 1312 176 

Of officers of election. 1072 89 

Assignment of, by election 

officer. 1072a 89 

Computation of dates as to resi¬ 
dence . 1240 160 

Conduct of voters. 1215 154 

Congressmen, election for.1343-1347 179-180 

Transmission of returns for.. 1345 180 

Vote for, to be compared by 

Secretary of State. 1346 180 

Congressional districts, division of/ 27 16 

. state into.1 117 83 

Congressional election, returns for 

U. S. Senators .. 1334-1335 179 

Consolidation of Municipal Cor¬ 
porations. •••• 321 

Constitutional amendments, how5 

to be advertised.> 1195 128 

proposed, to be voted on ) 

Contest of election, who may .... j 1124 220 

Conduct of judges, when to 

annul. 1112 214 

Conduct of judges, when not 

annulled. 1113 215 


j 
























X INDEX. 

8ection. Page. 

Contest of election—Continued 
Illegal votes do not annul, 

when. 1114 215 

Proceedings on contest. 1115 215 

Statement of cause of contest 1116-1117 216-217 

Special session of Court. 1118 217 

Citation to issue. 1119 218 

Witnesses must be subpoenaed 1120 218 

Of primary elections. 28 268 

When election void. 1127 222 

Hearing of. 1121 218 

Rules governing trial and de¬ 
termination. 1122 219 

Court may declare who elected 1123 219 

Tie Vote, who may contest .. 1124 220 

Costs of proceedings. 1125 221 

Right of appeal to District 

Court of Appeal. 1126 222 

Contest of election for offenses 1111 214 

When must be instituted.... 1115 215 

Conventions under primary elec¬ 
tion law. 24 262 

Corporation, not to influence vote 

of employees. 59 208 

Costs, of creditor, when allowed .. 4 289 

Counterfeiting returns. 48 199 

Counties—Charters for. 7£ 17 

Direct legislation by. 4058 191 

Initiative and referendum in. 4058 191 

Recall of officers of. 4021a 184 

Counting ballots.1252-1257 161-163 

Counting votes. 1257 163 

County Central Committee—Elec¬ 
tion of—when and where to 

meet. 24 262 

County Clerk, duty of, as to elec¬ 
tion returns.1265-1268 167-169 

Must issue certificates. 4026 190 

Duty of, as to election of 

Congressmen. 1344 179 

Duty of, as to certificates of 

nomination. 1191 127 

























INDEX. 


xi 

Section. Page. 

County Clerk—Continued 

.Refusal to enter on Great 

Register. 1108 111 

To deliver ballots. 1201 144 

To furnish ballots. 1196 130 

To make certified abstracts { 12 85-1289 171~^ 

To issue certificates of election 1284 171 

To file certificates of nomina¬ 
tion. 1192 128 

To certify to registration. 1107 111 

To make certified abstracts 

of district returns. 1285 172 

To make certified abstracts 

of State returns. 1288 173 

To make certified abstract of 
vote for United States 

Senator. 1334 179 

To make abstract of returns 

for electors. 1308 175 

When statement filed with .. 1 286 

(See also Primary Elections) 

County Officers, when elected. 4021 183 

Official bonds of. 4022 188 

Who are eligible. 4023 189 

Removal or recall of. 4021a 184 

County Water Districts. .... 321 

Court, Superior may allow claims 

when. 5 290 

Creditor, claim of may be paid 

when. 5 290 

Crimes. 40-64^ 197-213 

Criminal, list of, to be furnished.. 1106a 110 

D 

Declaration of result of election by 

Board of Supervisors.... 1283 171 

Of canvass.1278-1297 169-175 

Defective ballots not counted.... 1211 152 

Delegates to national nominating 

conventions, election of.. .... 275-286 




















rii INDEX. 

Section. Paje. 

Delegates to State Conventions... 24 262 

Vacancies—How Filled. 24 262 

Designation of party on ballots .. 1197 132 

Of place of election and offices 

to be filled. 1131 117 

Destruction of ballots. 1199 143 

Different paper for ballots. ... 1197 132 

Disposal of election returns by 

Board..1263-1264 165 

Direct Primary Law. 1-36 223-274 

(See Primary Elections.) 

Direct legislation by the people.. 1 8-15 

In cities and towns. .... 349 

In counties. 4058 191 

Directions to ballot clerk. 1205 147 

Disabilities and qualifications of 

electors.1083-1084 96 

Disabled voters, how assisted. 1208 150 

Disclaiming responsibility for il¬ 
legal payment. 1 286 

District returns. 1285 172 

How transmitted. 1286 172 

Drainage districts. .... 321 

Dueling, effect of. 2 36 

Duty of Clerk of Board of Super¬ 
visors. 1287 172 

Of County Clerk as to election 

returns.1265-1268 167-169 

As to Congressmen. 1344 179 

As to ballots. 1196 130 

Of Election Board as to elec¬ 
tion returns.1263-1264 165 

Duty of Inspector. 1262 165 

Of Registrar and Board of 

Election Commissioners . 1216 155 

E 

Election bets. 60 209 

Boards.1142-1151 118-122 

Boards, Special. 1151 122 

Certificates of. 1284 171 



























INDEX 


Section. 


Election campaigns, conduct of.. _ 

Statement to be filed by 

candidate. 1 

Duty of committee in charge 

of election. 2 

Legitimate expenses. 3 

Claims, presentment and pay¬ 
ment of. 4 

Claims not presented in time 5 

Places where liquor is sold.. 6 

Name of printer. 7 

Act of 1893 repealed. 8 

Penalty for offending against 

act. 9 

Competent witness. 10 

Election Commissioners, duties of. 1216 

Board of, who shall constitute 10,75 

Term of office. 1075 

Vacancies, how filled.. 1075 

Salaries of. 1075 

Powers of. 1076 

Secretary of. 1077 

Clerks of. 1077 

Powers of clerk and secretary 1077- 

Application of article relating 

to. 1080 

Shall control and supervise 

expenditures. 1079 

Invite proposals and let con¬ 
tract for work and ma¬ 
terial. 1079 

Election districts, special acts 

concerning. . 

Election frauds. 1213 

Election, aiding and abetting cer¬ 
tain frauds on. 52 

Acting as an officer without 
being appointed or quali¬ 
fied . 40 

Betting on. 60 

Claims for money expended in 4 


xiii 

Page. 

286 

286 

287 

287 


289 

290 

291 

292 

292 

292 

292 

155 

90 

90 

90 

90 

92 

92 

92 

8 92-4 


95 

94 


94 

321 

154 


201 


197 

209 

289 
























xiv INDEX. 

Section. Page. 

Election—Continued 

Committee to appoint treas¬ 
urer. 2 287 

Furnishing money for. 54 202 

Furnishing liquors on election 

day. 63h 212 

Persons refusing to be sworn 

or answer at. 43 198 

Purposes for which moneys 

may be used in. 3 287 

Statement of moneys used in 1-2 286-287 

Violation of laws relating to, 

generally. 41 197 

Violation of laws of, by per¬ 
sons not officers. 61 209 

Elections, general, when held. 1041 85 

Primary. 3 227 

Special, what are. 1043 85 

Special municipal. 1044 85 

Election of Senators, when held . 227 84 

Of Assemblymen. 228 84 

Election Officers 

Compensation of. 1072 89 

Transfer of compensation a 

misdemeanor. 1072a 89 

Supervisors must appoint.... 1142 118 

Duties of. 1142 118 

Qualifications of. 1142 118 

Refusal to act, penalty. 1142 118 

Judges not of same party... 1143 118 

Proceedings on failure to ap¬ 
point. 1144 121 

Inspector, powers of. 1145 121 

Who may administer oaths. 1146 121 

Must be sworn. 1148 121 

Must post register. 1149 121 

Posted register must not be 

torn. 1150 122 

For special elections. 1151' 122 

When must open and close 

polls. 1160 122 

Must exhibit ballot box. 1162 123 


























INDEX. 


XT 

Section. Page. 

Election Officers—Continued 

Must proclaim polls open.. . 1163 123 

Must proclaim polls closed.. 1164 123 

Poll and tally lists to be kept by 1174 124 

At primary elections. 15 2'>6 

Election Inspectors, powers of.... 1145 121 

Compensation of. 1072 89 

Election laws, violation of. 41 197 

Election precincts.1127-1133 116-118 

Boundaries must be defined.. 1128 116 

May be altered, etc. 1129 116 

Power to change, limited .. . 1130 116 

Establishment of. 1127 116 

Establishment of, special 

election precincts. 1133 118 

Election, place of. 1131 117 

Place of, not designated. 1132 117 

Election proclamation, governor 

to issue. 1053 86 

Contents of. 1054 86 

Duty of Supervisors in re¬ 
spect to. 1055 87 

Supervisors to issue when... 1056 87 

Election for Representatives. 1343-1347 179-180 

Election for nomination of Presi¬ 
dent. .... 275-286 

When to be held.. 1, 12 275-285 

Nomination papers of candi¬ 
dates. 2 276 

Ballots, how prepared. 2, 9 276-283 

Qualifications of voters at. . . 8 283 

Biographical sketches of presi¬ 
dential candidates. 10 284 

Direct primary law applicable 11 285 

Election of delegates to nominate 
President and Vice-Presi¬ 
dent. 275-286 

When to be held. ... 1,12 275-285 

Nomination papers of dele¬ 
gates . 3-4 277-278 

Ballots, how prepared. 5, 9 280-283 
























XT1 


INDEX 


Seetion. 

Election of delegates to nominate 
President and Vice-President—Cont’d. 


Delegate’s statement. 6 

Selection of alternates. 7 

Qualifications of voters at. . . 8 

Biographical sketches of presi¬ 
dential candidates. 10 

Direct Primary Law applic¬ 
able . 11 

Election under initiative pro¬ 
ceedings. 1 

In counties. 4058 

In cities or towns.. .. . .... 

Election under referendum pro¬ 
ceedings. 1 

In counties. 4058 


In cities and towns. 

Election to determine question of 

control of public utilities. .... 

Election returns of State, abstract 
to be sent to Secretary 

of State. 1289 

Election returns of United States 
Senator, abstract to be 
sent to Secretary of State 1335 

Canvass of, when Supervisors/ 1278 

shall meet.\ 1280 

For Congressmen, transmis¬ 
sion of abstracts. 1345 

Duty of Clerk of Board of 

Supervisors. 1287 

Duty of County Clerk.1265-1268 

Endorsement of. 1286 

For Electors of President and 

Vice-President. 1308 

For Electors, to be estim ated 

by Secretary of State.!. 1313 

For Electors, transmission of 

abstract.1309-1312 

Statement of result. 1282 

To be transmitted to Secre¬ 
tary of State. 1287 


Page. 


282 

282 

283 

284 

285 

8-15 

191 

349 

8-15 

191 

349 

359 


173 


179 

169 


180 

172 

167-169 

172 

175 
177 

176 

171 

172 






















INDEX. 


Section. 


xyii 

Page. 


Election returns for Governor and 

Lieutenant-Governor_1292-1297 174-175 

Canvass of.1296-1297 175 

Disposition of.1293-1295 174-175 

Election returns of United States/1334-1335 179 


Election, returns of, to be deliv¬ 
ered to Board.1263-1264 165 

Election returns—Completion and 

correction of. 1281a 170 

Election supplies, provided byr 1073 89 

Board. 1 4025 190 

Election tickets (see Ballots). 

Election for United States Sen¬ 
ators.1332-1333 178 

Elective officers, removal or recall 

of. 4021a 184 

Electors, presidential. 1307-47 175-180 

How nominated. 24 202 

How to vote.1317-1319 177-178 

To make lists of persons voted 

for. 1319 178 

How lists to be transmitted.. 1320 178 

In case of death or absence of 1316 177 

Intimidating or defrauding... 53 201 

List of, and certificate of elec¬ 
tion to be furnished. 1314 177 

When chosen. 1307 175 

Returns for. 1308 175 

Pay of. 1321 178 

When to assemble. 1315 177 

Embezzlement or defalcation— 

penalty for. 21 16 


Employer, influencing vote of for¬ 
bidden. 59 

Employees, time allowed to vote . 1212 

Entries on Great Register, un¬ 
canceled .1113-1117 

Refusal to make. 1108 

Must show. 1096 

When to be canceled. 1106 


208 

153 

112-113 

111 

102 

109 

























XV111 


INDEX. 


Section. Page. 

Envelopes, pay, not to have names 

of candidates, when. 59 208 

Error, correction of in statement. 5 290 

Errors, in publication, how to be 

corrected. 1200 143 

Establishment of election precincts j J ns 

Evidence, of right to vote. 1117 113 

Who competent to testify.... 10 292 

Exhibition of ballot box. 1162 123 

Expenditures, over five dollars 

must have vouchers. 1 286 

Claims for, when to be pre¬ 
sented. 4 289 

For what purposes allowable. 3 288 

Expenses of election, what are le¬ 
gitimate. 3 288 

Amount that may be ex¬ 
pended. 3 288 

Subject to Board of Election 

Commissioners. 1079 94 

At primaries. 29 271 

Express agents. 1264 165 

F 

Fees, none for registration. 1071 88 

Felony, what crimes declared to be 40-64^ 197-213 

Filing, certificates of nomination. 1192 128 

Nominations of candidates... 1188 126 

Itemized statement. 1 286 

Fine for refusal to serve on Elec¬ 
tion Board. 1142 128 

Form of poll and tally lists. 1174 124 

Want of not to invalidate.. . 1174 124 

Franchise, interference with. 59 208 

Frauds of election. 1213 154 

Fraudulent registration. 42-42a 197-198 

Fraudulent voting. 45-47 198-199 

Fraudulent acts to change result 

by election officers. 57a 207 





















INDEX. 


xix 


Free from military duty, when ... 
Freeholders’ charters for counties. 

Folding of ballots. 

Forging returns. 

Furnishing money for election 

purposes. 

Furnishing liquor during election 
hours. 


G 

General election. 

General restrictions. 

Governor and Lieutenant-Gov¬ 
ernor, abstract of votes 

for. 

Indorsement and disposition 

of returns. 

Canvass of returns for. 

Proceedings in case of tie vote 

for. 

Governor to issue certificate of 

election. 

To issue proclamation. 

To issue commissions. 

To issue certificate of elec¬ 
tion of Congressmen. 

To order new election. 

Transcript certificate of elec¬ 
tion of United States Sen¬ 
ator . 

Great Register— 

Where kept. 

Names must be entered in . . 
Landlord must furnish names 

of lodgers. 

Entry must show what. 

Rules as to entries in. 

What constitutes to be used 
at elections. 


Section. 

Page 

1070 

88 

n 

17 

1205 

147 

50 

201 

54 

202 

63b 212 


1041 

85 

1215 

154 

1292-1297 

174-175 

1293-1295 

174 

1296-1297 

175 

1068 

88 

1314 

177 

1053 

86 

1291 

174 

1347 

180 

1201 

144 

1337 

179 


1094 

96 

1095 

100 

1094 

90 

1096 

102 

) 1097 

103 

) 1102 

108 

l 1116 

113 

< 1121 

115 

I 1103 

108 























XX 


INDEX. 


Section. Page. 

Great Register—Continued. 

Cancellation, how made. 1105 109 

When cancellation must be 

made. 1106 109 

List of criminals, how fur¬ 
nished. 1106a 110 

Certified copies of 'entries to 

be given. 1107 111 

Entry may be compelled by 

action. 1108-12 111-112 

Action may be brought to 

cancel entry. 1109-12 111-112 

Evidence of right to vote... 1117 113 

What shall consist of. 1121 115 

Copies to be posted. 1149 121 

Posted copies must not be 

torn. 1150 122 

Supervisors must provide ... 4025 190 

Grounds of challenge.1230-1237 156-159 

Of challenge in primary elec¬ 
tions. 16 256 

H 

Heading of tickets. 1197 132 

I 

Illegal registration.1109-1112 112 

Imprint of publication, on bill, 
placard, poster and pam¬ 
phlet. 7 292 

Index to affidavits of registration 1115 112 

At primary shall show what.. 1366a 182 

Influencing voting. 47 199 

By force or fraud. 53 201 

Initiative petition—Who entitled 

to sign. 1083a 96 

Initiative power reserved to people 

of the state. 1 8-15 

Initiative power to voters of 

counties. 4058 191 





















INDEX. 


xxi 


Section. 


Initiative powers in cities and 
towns. 


Inspection, public, of statements . 
Inspectors of election to sign re¬ 
ceipts . 


How appointed. 

Powers of. 

Must not unfold or mark 

tickets. 

Instruction cards furnished. 

To be posted. 

Must not be removed or de¬ 
stroyed. 

Instructions to voters to be print¬ 
ed on ballot. 

Interfering, with officers of elec¬ 
tion or voters. 

Intimidating or defrauding. 

Intoxicating liquors, places where 
sold not to be rented.... 
Irrigation districts. 


{ 


1 

1201 

1142 

1151 

1145 

49 

1210 

1210 

1214 


1197 

45 

53' 

6 


J 

Judges of election, appointment/ 1142-4 
of.\ 1151 


L 

Laws, applicable to primary elec¬ 
tions. 64£ 

Violation of relating to elec¬ 
tions generally. 41 

Legislative districts, division of/ 78 

state into.\ 90 

Legislature, to canvass return for 
Governor and Lieutenant- 

Governor.1296-1297 

May enact primary law. 

May provide method of elec¬ 
tion . 


Page. 

349 

286 

144 

118 

122 

121 

200 

151 

151 

154 


132 

198 

201 

291 

321 


118-121 

122 


213 

197 

46 

61 


175 

7 


6 


8 





















XXI1 


INDEX. 


Section. Page. 


Legislature—Continued 

Members of shall not accept 
money from candidates 

for Senatorship. 

Levee districts. 

Library districts. 

Lighting districts. 

Limitation of powers of Super¬ 
visors . 

Liquor, furnishing during election 
hours.. 


63} 211 

. . 322 


322 

322 


1130 116 

63b 212 


List, of persons voting. 

1229 

156 

Of assisted voters. 

1208 

150 

Of challenges. 

1243 

161 

Of deaths and removals. 

1106 

109 

Of criminals to be furnished.. 

1106a 

110 

Of votes, comparing. 

1254-1256 

162 

Of votes, return. 

1260 

164 

Poll, form of. 

1174 

124 

Tally, form of. 

1174 

124 

Record, how kept. 

1258 

163 

Liquors, sale of prohibited in 

places of election. 

1131 

117 

Places not to be rented where 

sold. 

6 

291 

Local option districts. 

M 

Manner of voting. 

• • • • 

322 

1224-1229 

156 

Margin on ballots. 

1197 

132 

Meetings, not to be held where 

liquor sold. 

6 

291 

Members of Legislature shall not 
accept money from can- 

didates for Senatorship.. 

63} 211 

Messenger employed. 

1201 

144 

Military duty, when free from.... 

) 1070 

7 

88 

Misdemeanor, when payment of 

claim is. 

4 

289 

























INDEX. 


Section. 


xxiii 

Page. 


Misdemeanors, offenses declared to 

be.43-4, 54-6 

58-9, 62-63b 

Money, who is to receive and dis¬ 
burse . 2 

For what purpose may be ex¬ 
pended. 3 

The use of, when a crime.... { 63-63^ 

Unlawful receiving of. 54a 

Unlawful paying of . 54b 

Monuments for pioneers. .... 

Municipal tickets to be local charge 1185 

Municipal corporations. . 

Act to provide for the organi¬ 
zation, incorporation and 

government of. .... 

Act to provide for consolida¬ 


tion of. .... 

Of the fifth class. .... 

Of the sixth class. .... 

Classification of, act providing 

for. . 

How incorporated. .... 

Boundary, how changed. .... 

How consolidated. .... 

Direct legislation by. .... 

Control of public utilities by. .... 

Charters for. 8-8 \ 

Proceedings to remove or 

recall officer. .... 

Initiative petition for adop¬ 
tion or rejection of meas¬ 
ures . . 

Ordinances of, subject to 

referendum vote. .... 


Municipal Annexation Act of 1913 .... 

Municipal water districts. .... 

Municipal Elections, conduct of.. 1044 

Establishment of precincts... 1133 

Qualification of voters. 1120 


198-207 

208-212 

287 

288 

202-204 

211 

203 

204 

322 

125 

324-349 


324 


345 

334 

340 

347 

327 

330 

331 
349 
359 

27-33 

355 


349 

349 

322 

322 

85 

118 

113 



























XXIT 


INDEX. 


Section. 


Page. 


Municipal Elections—Continued 

Registration. 1120 113 

Board of Election. 1151 122 

Register to be used. 1121 115 

Duty of County Clerk. 1121 115 

N 

Names, how arranged on tickets.. 1197 132 

Of candidates when not to be 

on envelopes. 59 208 

Of contributions of money... 1-2 286-7 

Of persons to whom money 

paid. 1-2 286-7 

To be entered in Great Regis¬ 
ter. 1095 100 

Names, naturalized citizens, regis¬ 
tration of. 1097 103 

Neglect of duty. 41 197 

New election, Governor to order.. 1201 144 

No fees charged. 1071 88 

Nominating Petitions—Who en¬ 
titled to sign. 1083a 96 

Nomination other than at primary. 1188 125 

Certificate of, how signed.... 1188 126 

Form of certificate. 1188 126 

Arrangement of certificate... 1188 126 

How long preserved. 1191 127 

Time of filing. 1192 127 

Bribing for. 57 207 

Not qualified to vote, who. 1084 96 

Number on ballots, removal of.... 1209 151 

Naturalization, color does not 

affect. 2004 2 

Aliens, who may be natura¬ 
lized. 2166-9 2-3 

Residence required. 2170 3 

Natives of country at war 

may not be. 2171 4 

Previous condition of servi¬ 
tude does not affect. 2004 2 

Race does not affect. 2004 2 
























INDEX. 


XXT 


Section. Page. 

0 


Oath of voter concerning residence 1241 161 

Refusal to take. 1238 159 

Administration of.1146-1148 121 

Offenses, abetting commission of 47 199 

At primary elections. 64$ 213 

Office, in what itemized state¬ 
ment filed. 1-2 286 

Who eligible to. 58 46 

( 2 36 

Who disqualified from.< 10 37 

( 11 37 

Offices, to be filled, designation of 1131 117 

Officers, recall of, reserved to the 

people. 1 38 

Officers of county, recall of. 4058 191 

Officers of city, recall of. .... 355 

Officers, acts by that change re¬ 
sult of election, punish¬ 
able. 41 197 

Attempting to learn how 

elector voted. 49 200 

Compensation. .... 1072 89 

Disclosing name of candidate 

voted for. 49 200 

Interference with. 45 198 

(See Election Officers) 

One person to vote. 1205 147 

Opening of polls. 1148 121 

Proclaim same. 1163 123 

And closing of polls. 1160 122 

Ordinances, how enacted by 

counties. 4058 191 

Petition for. 4058 191 

Election on. 4058 191 

Repeal of adopted ordinance. 4058 191 

Ordinances, how adopted by cities .... 349 

When go into effect. .... 354 

Repeal of by legislature. .... 354 

























XXV? 


INDEX. 


Section. Page. 


Ordinances—Continued 


Subject to referendum vote. . 

• • • • 

349 

To divide administration, how/ 

752a 

335 

submitted.\ 

852a 

327-341 

Overflow districts. 

• • • • 

322 

P 

Paper for ballots. 

1197 

132 

Party designation on ballots. 

1197 

132 

Pay of Election Officers. 

1072 

89 

Of messengers. 

1201 

144 

Payment, how responsibility for 



illegal avoided. 

1 

286 

Of claims for expenses . 

4-5 

289-290 

Of rent where liquor sold .... 

6 

291 

Of printing bill, when not to 



be made . 

7 

292 

Payments, of money, what is a 



crime . 

54b 204 

Forbidden, how punished. ... 

61 

209 

For offering or receiving 



bribes . 

57 

207 

Of acts by officers that change 



result of election . 

48 

199 

People, who are . 

50 

45 

Powers reserved to . 

1 

8-15 

Percentage of salary of office, what 



may be expended in elec- 



tions . 

3 

288 

Petitions—Who entitled to si«;n. . 

1083a 

96 

Place of election, when not desig- 



nated . 

1132 

117 

Plurality to elect . { 

1066 

13 

87 

37 

Political Parties—Deemed to have 



qualified when. 

1 

225 

Poll list, destroying, carrying 



away. 

57a 207 

Poll lists, furnishing of. 

1073 

89 

Form of. 

1174 

124 

Want of form. 

1175 

125 

At special elections. 

1151 

122 
























INDEX. 


XXVll 


Section. Page. 


Polls, opening and closing of. 1160 

Proclaim the closing of. 1164 

Proclaim opening of. 1163 

Board to be sworn before 

opening. 1148 

Proclaim the opening of. 1163 

Time of opening and closing . 1160 

Influencing vote at, when a 

crime. 53 

Post Great Register. 1149 

Powers of Election Inspectors.... 1145 

Of Supervisors, limitations of 1130 

Powers of legislature. 1 

Powers reserved by the people... 1 

Precincts.1127-1132 

Alteration of. 1129 

Boundaries of. 1128 

Boundaries of Assembly and 

Senatorial districts. 229 

Election. 1127 

Special election. 1133 

Precinct books, what are. 1116 

Precinct registration. 1094 

Preparation of ballots. 1197 

By voters. 1205 

Preservation of certificates of 

nomination. 1191 

President and Vice-President, 

Electors of, when chosen 1307 

Election of delegates to nomi¬ 
nate . .... 

Presidential Electors.1307-1322 

Pay of. 1321 

When to assemble. 1315 

Instructions to voters. 1197 

In case of death or absence... 1316 

To make lists of persons voted 

for... 1319 

How to transmit lists. 1320 

How to vote.1317-1319 

List of, to be furnished. 1314 

Accounts to be certified. 1322 


122 

123 

123 


121 

123 

122 

201 

121 

121 

116 

8-15 

8-15 

116-117 

116 

116 


85 

116 

118 

113 

96 

132 

147 

127 

175 


275-286 

175-178 

178 

177 

132 

177 

178 
178 

177-178 

177 

178 































XXV111 


INDEX. 



Section. 

Page. 

Presidential Primary Election, act 

providing for. 

( 

• • • • 

1359 

1361a 

275-286 

180 

181 

PRIMARY ELECTIONS. ) 

1366a 

1-36 

1-15 

182 

223-275 

275-286 

Constitutional provision re- 

garding. 

2* 

7 

Printing or circulating incor- 

rect tickets. 

62 

210 

Direct Primary Law. 

1-36 

223-275 

Presidential Primary Election 

1-15 

275-286 

Construction of phrases. 

1 

223 

Candidates, how nominated. 

2 

226 

When act does not apply ... 

2 

226 

When shall be held. 

3 

227 

Notice of election. 

4 

227 

Publication of. 

4 

227 

August primaries. 

4 

227 

Other primaries. 

4 

227 

Statement of Registered Elec- 

tors to Secretary of State 

4 

227 

Designation of offices by Sec- 

retary of State . 

4 

227 

Nomination paper, form of.. 

5 

229 

Must be verified. 

5 

229 

Verification deputies.... 

5 

229 

Duty of signer to. 

5 

229 

To be fastened and bound 

5 

229 

To bo examined. 

5 

229 

Affidavit required of can- 

didate. 

5 

229 

How signed. 

5 

229 

Basis of percentage. 

5 

229 

Independent nominations 

5 

229 

How and where filed ... 

6 

241 

Filing fees. 

7 

242 

Disposition of fees. 

8 

243 

Apportionment of fees.. 

9 

243 

Suppression of papers .. 

32 

273 





















INDEX. 


XXIX 


Primary Election—Continued. 

Withdrawal. 

Expenses of election. 

Lists to be sent to county 

clerks. 

Names of nominees to be pub¬ 
lished . 

Publication, where to be made 
Ballots, county clerk to pro¬ 
vide . 

Official.. 

Non-partisan. 

Form of. 

What printed on. 

Instructions to voters .. 
Names, how printed on . 
Names, how grouped ... 

Kind of type. 

Printing on back of .... 

Blank spaces. 

Stub. 

Sample ballots. 

Ballot to be posted. 

Official, distribution of . 
Instructions as to mark¬ 
ing . 

How choice designated.. 
How must be folded.... 
Polls, opening and closing of 
Cannot temporarily close 

Election officers. 

Registers to be used. 

Challenging of voters. 

Who entitled to vote. 

Canvass of votes. 

Returns, canvass by super¬ 
visors . 

Declaration of result. 

Duplicate statement of. 

Secretary of State to compile 
returns . 


Section. 

Pa 

25 

266 

9 

243 

10 

244 

10 

244 

11 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

12 

245 

13 

254 

13 

254 

13 

254 

17 

256 

18 

257 

19 

257 

14 

255 

20 

258 

15 

256 

15 

256 

16 

256 

17 

256 

21 

258 

22 

259 

22 

259 

22 

259 

22 

259 

























XXX 


INDEX. 


Section. Page. 

Primary Elections—Continued. 

Who shall be declared candi¬ 
dates .. 23 260 

Certificates of nomination... 23 260 

Certificate by Secretary of 

State. 23 260 

Party conventions. 24 262 

State convention, how 

called. 24 262 

County Central Commit¬ 
tee— Election of — 

Where and when to 

meet. 24 262 

Nominating electors for 
President and Vice- 

President. 24 262 

When nominations not 

granted. 24 262 

Vacancies—How filled . . 24 262 

Delegates appointed — 

Credentials. 24 262 

When may be held. 24 262 

State central committees.... 24 262 

Vacancies, how filled. 25 266 

Tie vote, how determined... 26 267 

Errors, how corrected.. 27 267 

Contests. 28 268 

Expenses of candidates, what 

permitted. 29 271 

Statement of expenses.. 31 272 

Violations of Act. 21 273 

Bribes to voters. 32 273 

Offenses, what are. 32 273 

Preparation of forms. 33 274 

Independent nominations ... 5 221-229 

Nominations other than at.. 1188 126 

Form of certificate of. 1188 126 

Preservation of certifi¬ 
cates. 1191 127 

Filing of certificates. 1192 128 

Elector to declare political 

affiliation. 1366a 182 






















INDEX. 


XXXI 


Section. Page. 

Primary Elections—Continued. 

May change affiliation, when 1366a 182 

Form of affidavit. 1366a 182 

No fees for. 1366a 182 

Conduct of. 1359 189 

Resolution prescribing party 

test. 1361a 181 

Primary election for President. ... .... 275-286 

When to be held. 1,12 275-285 

Nomination papers. 2-4 276-278 

f276-280 

Ballots, how prepared. 2,5-9 \ 281-282 

[283 

Qualifications of voters. 8 283 

Biographical sketches of can¬ 
didates. 10 284 

Direct primary law applicable 11 285 

Printed matter, have name of 

printer on. 7 292 

Printing of ballots. 1198 143 

Of Great Register. 1115 112 

Printing and distribution of gen¬ 
eral ballots to be a coun¬ 
ty charge. 1185 125 

Privilege of an elector. 1083 96 

Of voter to write name on 

ballot. 1196 130 

Privileged from arrest, when. 1069 88 

Procedure on contest of election.. 1115 215 

Proceedings, when to be instituted 1115 215 

Grounds of contest. 1111 214 

When does not annul election 1113-14 215 

When illegal vote is cause of 

contest. 1116 216 

To be instituted by District 

Attorney. 1117 217 

Special session of Court. 1118 217 

Right of appeal. 1126 222 

Proclamation, Governor to issue . 1053 86 

Contents of. 1054 86 

Supervisors to publish.1055-1056 87 

























XXXI1 


INDEX. 


Section. Page. 

Protection districts. .... 322 

Public Utility Districts. .... 322 

Public meetings, preventing. 58 208 

Disturbance of. 59 208 

Public utilities, control of. .... 359 

May be surrendered to rail¬ 
road commission. .... 359 

May be retained by city. .... 359 

Election to determine control 

of. .... 359 

Punishment, for acting as an elec¬ 
tion officer without being 
appointed or qualified... 40 197 

Neglect of duty. 41 197 

Fraudulent registration. 42-42a 197-8 

Refusal to be sworn or answer 

questions. 43 198 

Refusal to obey summons... 44 19S 

Voting without being qualified 45 198 

Fraudulent voting. 46-7 199 

Changing ballots or altering 

returns. 48 199 

Unfolding or marking ballots. 49 200 

Acting when ineligible and 
refusal to act when eli¬ 
gible. : . 49a 200 

Forging or counterfeiting re¬ 
turns. 50 201 

Altering returns. 51 201 

Aiding and abetting. 52 201 

Intimidating or defrauding.. 53 201 

Furnishing money. 54 202 

Receiving money. 54a 203 

Paying money. 54b 204 

Procuring votes by promise.. 55 206 

Soliciting votes for or against 

bill. 55a 206 

Unlawful offers. 56 207 

Bribing. 57 207 

Act to change result. 57a 207 

Preventing public meetings. 58 208 

Unlawful interference. 59 208 



























INDEX. 


XXXlll 



Section. 

Page, 

Punishment—Continued. 

Betting on elections. 

60 

209 

Violations by persons not 

officers. 

61 

209 

Printing incorrect tickets.... 

62 

210 

Circulating printed matter 

not signed. 

62 a 

210 

Leaving printer's name off 

printed matter. 

62b 

210 

Advancing money for election 

U. S. Senator. 

63 

211 

Accepting money. 

63* 

211 

Furnishing liquors. 

63b 

212 

When witness not excused... 

• 64 

212 

Provisions applicable to pri- 

mary elections. 

64£ 

213 

Purity of Election Law Repealed. 

\ 

286 

Q 

Qualified, voting without being.... 

45 

198 

Qualifications and disabilities of 

electors.1083a 1084 

96 

Questions, how submitted to vote 

of people. 

1197 

132 

Refuse to answer. 

43 

198 

R 

Railroad commission. 

23 

34 

Control of public utilities by. 

• • • • 

359 

Recall Petitions—who entitled to 

sign... 

1083a 

96 

Recall of state officers. 

1 

38 

Proceedings for. 

1 

38 

Recall of county and township 

officers. 

4021a 

183 

Proceedings for. 

4021a 

183 

Recall of city officers. 

• • • • 

355 

Proceedings for. 

• • • • 

355 

Recall of elective officers in 

counties. 

4021a 

183 

Petition for. 

4021a 

183 

Election for how called...... 

4021a 

183 
























xxxiv INDEX. 


Recall of elective officers in cities. 

Receipts for ballots taken. 

Receiving money, when a crime... 

Reclamation districts. 

Recording votes. .* . 

Ballots. 

Itemized statement. 

Referendum powers reserved by 

people of the state. 

In counties. 

In cities and towns. 

Referendum Petitions—who en¬ 
titled to sign. 

Refusal to take oath. 

To be sworn or answer ques¬ 
tions . 

To enter on Great Register... 

Registers, indexes, etc. 

Registrar of Voters, powers of... 
List of criminals to be fur¬ 
nished to. 

(See Great Register) 

Registration. 

Affidavits of.] 


Cancellation. 

Transfer of. 

Time and place of. 

When cancellation must be 

made. 

Duties of landlord. 

Duties of clerk. 

False, how punishable. 

Fees, none charged. 

List of criminals to be fur¬ 
nished ... 

Municipal elections. 


Section. 

Page. 

• • • • 

355 

1201 

144 

54a 203 

• • • • 

322 

1258 

163 

1198 

143 

1-2 

286-7 

1 

8-15 

4058 

191 

• • • • 

349 

1083a 

96 

1238 

159 

43 

198 

1107 

111 

\ 1073 

89 

) 4025 

190 

1216 

155 

1106a 

110 

1094-1121 

96-115 

1095-1097 

100-103 

1097all03 

108 

1113-1117 

112-113 

1121 

115 

1105 

109 

1094 

96 

1094 

96 

1106 

109 

1094 

96 

/1102-1107 

108-111 

11113-1116 

112-113 

42 

197 

1071 

88 

1106a 

110 

1120 

113 




























INDEX. 


XXXV 


Registration—Continued. 
Primary elections.... 
Procuring fraudulent. 


Of citizen by virtue of marrl 

age. 

Of citizen by virtue of natu¬ 
ralization of father . . , 

Of absent citizen. 

Of naturalized citizens.... 

Of voters.. 

Permitting false.. 

Persons refusing to appear or 
testify before Board of.. 
Precinct registration. 


What registration must show 

Registration clerk, duties of... 

Removal of ballot number. 

Or defacement of supplies not 
allowed. 

Removal of elective officers in 

counties. 

Petition for. 

Election for, how called. 

Removal of elective officers in 
cities. 

Rent of place where liquor sold... 

Repealed—Purity of Election Act, 
1893. 

Replacing ballots in box. 

Representatives, election for. 

Certificate of election to be 

issued by Governor. 

Vote for, to be compared by 
Secretary of State. 


Section. 

Page. 

/ 17 

256 

\ 1366a 

182 

42a 

198 

1109-1112 

111-112 

1097-1117 

104-113 

1097 

103 

1097-1097a 

103-108 

1097 

103 

1097 

103 

1094 

96 

42a 

198 

43 

198 

1094 

96 

il097-l 097a 

103-108 

1097-1097a 

103-108 

1096 

102 

1095a 

101 

1209 

151 

1214 

154 

4021a 

184 

4021a 

184 

4021a 

184 


315 

6 

291 

1255 

162 

1343-1347 

179-180 

1347 

180 

1346 

ISO 

1097-1097a 

103-108 



























XXXV1 


INDEX. 


Residence, how computed. 

How determined. 

Legal, defined. 

Not affected when. 

Absence from State does not 

affect. 

Of candidates, may be on 

ballot. 

Of voter, oath. 

Rules must be read if re¬ 
quested. 

Term of. 

Responsibility for illegal payment, 

disclaimer of. 

Restrictions. 

Concerning booths. 

Result of election to be declared.. 

Of challenge. 

Return list of voters. 

Returns from general election.... 

Official canvass of. 

How transmitted. 

Duty of secretary of state. . . 
Returns from a district, how made. 

How transmitted. 

Duty of clerk in relation to.. 

Returns from election of governor 

Of electors of president. 

Of members of Congress. 

Returns, altering or changing bal¬ 
lots. 

Completion and correction of. 

Forging, counterfeiting or 

altering. 

Of election to be delivered to 
one of the Board, and 

duty of same. 

Of primaries. 

Rights of voters. 

Roster of voters. 

How delivered and kept. 


Section. 

Page. 

1240 

160 

1239-1241 

159-161 

52 

45 

4 

8 

12 

37 

1197 

132 

1241 

161 

1241 

161 

1240 

160 

1 

286 

1215 

154 

1203 

145 

1283 

171 

1242-1243 

161 

1260 

164 

1288 

173 

1280 

169 

1289 

173 

1290 

173 

1285 

172 

1286 

172 

1287 

172 

1292-96 

174-175 

1308-13 

175-177 

1344-46 

179-180 

48 

199 

1281a 

170 

50-51 

201 


1263-1264 

165 

22 

259 

1212 

153 

1204 

146 

1264a 

166 




























INDEX 


XXXV11 


Section. Page. 

S 

Saloons, no election to be held in. 1131 117 

Sample ballot, how furnished. 1210 151 

Sanitary districts. .... 322 

School districts. .... 322 

Sealed packages of tickets for pre¬ 
cincts. 1201 144 

Sealing up voting papers. 1261 161 

Seamen, how citizenized. 2174 5 

Secret design of watermark on 

ballot. 1196 130 

Secretary of State, transmission 

of returns to. 1287 172 

To estimate returns to electors 1313 177 

To certify to accounts of 

electors. 1322 178 

To issue certificates of nomi¬ 
nation . 23-24 260-262 

Secretary of State, to compare and 
estimate votes for Con¬ 
gressmen and certify to 

Governor. 1346 180 

Certify to Governor person 
having highest vote for 
United States Senator... 1336 1?9 

When statement filed with... 1 286 

Securing votes unlawfully. ^ 203-204 

Senator, candidates for shall not 
give or promise money 
etc., to legislative can¬ 
didates. 63 211 

Election of. 227 84 

Senatorial District, boundaries not 

to be changed. 229 85 

Number of. 6 15 

Division of state into. 78 46 

Separate ballots to be provided... 1196 130 



















xxxviii 


INDEX. 


Section. Page. 

Senators of the United States, 

election for.1332-1333 178 

Election returns.. 1334 179 

Duty of Clerk as to returns. . 1335 179 

Canvas of returns. 1336 179 

Governor transmit certificate 

of election.. . 1337 179 

Sewer districts. .... 323 

Size of ballots.1196-1197 130-132' 

Soliciting vote of candidate for 

or against bill. 55a 206 

Special elections. 1043 85 

How conducted. 1044 85 

When ordered by supervisors 1056 87 

What registers used at. 1121 115 

Election board at. 1151 122 

Conduct of. 1151 122 

Special election precincts. 1133 118 

Special election acts. .... 322 

Spoiled ballots, disposition of.... 1207 149 

State election returns, abstract to 
be sent to Secretary of 

State...... 1289 173 

State returns, certified abstract to 

be made by County Clerk 1288 173 

State Senators, election of. 227 84 

Statement, itemized, when and 

where recorded and filed 1-2 286-287 

Itemized, by candidate. 1 286 

Of record of election returns. 1282 171 

Storm water districts. .... 323 

Suffrage, right of protected. 11 37 

Suffrage, rights of. 1 1 

Supervisors, when elected. 4021 183 

Must publish and post procla¬ 
mation. 1055 87 

Must issue proclama tion,when 1056 87 

Must furnish blanks. 1073 89 

Must establish precincts .... 1127 116 

Must define boundaries of 

precincts . 1128 116 


























INDEX. 


XXXIX 


Section. Page. 

Supervisors—Continued. 

Must prescribe amount of 

official bonds. 4022 188 

May alter precincts . 1129 116 

Limitations on power to 

change. 1130 116 

Must designate place of elec¬ 
tion... 1131 117 

Failure to designate place... 1132 117 

Special election precincts, 

how established. 1133 118 

Must appoint election board. 1142 118 

Must publish names of. 1142 118 

Failure to appoint. 1144 121 

Board for special elections .. 1151 122 

When to canvass returns_ 1278 169 

To declare result of. 1283 167-171 

Must provide registers, etc... 4025 190 

Must canvass returns.. 4026 190 

May require use of voting 

machines. 2 295 

Proposed ordinances, how 

enacted. 4058 191 

How may be repealed. 4058 191 

Supplies, removal or defacement 

not allowed. 1214 154 

Summons, refusal to obey... 44 198 

I T 

Tallies, how kept. 1258 163 

Tally lists. 1260 164 

Form of. 1174 124 

Not to be rejected for want 

of form. 1175 125 

Used with voting machine .. 6 299 

Tie vote.1067-1068 88 

At primaries. 26 277 

Tickets, how to be marked in vot¬ 
ing. 1197 132 

Heading of. 1197 132 

Inspectors must not mark or 

unfold. 49 200 

























xxxx 


INDEX. 


Tickets—Continued 

Printing or circulating incor¬ 
rect. 

Time of opening and closing polls 
For filing certificates of nomi¬ 
nation . 

For filing nomination papers 

at primary. 

Township officers, when elected... 
Treasurer, appointed by committee 
Must file itemized statement.. 
Transmission of returns for Con¬ 
gressmen . 

Of election abstracts by mes¬ 
senger. 

Of election returns. 

Type of ballots. 

U 

Uncanceled entries on Great 

Register. 

Unlawful receiving of money dur¬ 
ing election. 

Unlawful paying of money duri 

election. 

Unlawful interference with elective 

franchise. 

United States Representatives, 

election for. 

United States Senators, election 

for. 

Must not make promises to 
legislative candidates.... 
United States Senator—Abstract 

of vote of. 

United States Senator—Secretary 
of State certify to Gov¬ 
ernor person having high¬ 
est vote. 

United States Senator—Governor 
transmit certificate of 
election. 


Section. 

Page. 

62 

210 


1160 

122 


1192 

128 


6 

241 


4021 

183 


* 2 

287 


2 

287 


1345 

180 


1310-1312 

176 


1287 

172 


1197 

132 


1105 

109 


54a 

203 


54b 204 


59 

208 


1343-1347 

179- 

■180 

1332-1337 

178- 

-179 

55 

206 


1334-1335 

179 


1336 

179 


1337 

179 



















INDEX. 


Urgency measures, when take/ 
effect.\ 


Section. 

1 

4058 


XXXXl 


Page. 

8-15 

191 


Vacancy in Presidential electors, 
how filled. 

Verification of deputies, under 
primary election law.... 

Violation of laws relating to elec¬ 
tions, generally. 

Vote, aiding one not qualified to.. 

Fraudulent attempt to. 

Of employee, influencing. 

Tie.1( 

Voters 

Who are.j 

Privileged from arrest, whenj 

Excused from militia duty .. j 

Residence of, not affected, 

when. 

Eligible to office. 

Rights of, beyond other citi¬ 
zens . 

Names of, must be entered 

in register. 

What entry must show. 

Must not be entered in two 

counties . 

Qualifications of. 


I 


Interfering with. 

May write name of candidate 

on ballot. 

Not to bet. 

Oath of, concerning residence. 
To prepare ballot, how. 


1316 

177 

5 

229 

61 

209 

47 

199 

46 

199 

59 

208 

1068 

88 

1083a 

96 

1 

6 

1069 

88 

2 

7 

1070 

88 

3 

7 

4 

8 

12 

37 

58 

46 

59 

46 

1095 

100 

1096 

102 

1104 

109 

1120 

113 

•1121 

96 

-54b 

203 

59 

208 

1197 

132 

60 

209 

1241 

161 

1205 

147 






















XXXX11 


INDEX. 


Voters—Continued 


Votes, canvass of. 
How counted, 
Recorded.... 
Return list of 


Section. Page. 


1205 147 

1215 154 

1208 150 

1104 109 

1212 153 

1241 159-161 

4 8 

1117 111-1 L-i 

1252 161 

1257 163 

1258 164 

1260 164 


To mark ballot with stamp. . 

Conduct of. 

Disabled, how assisted. 

Must not register in two coun¬ 


ties . 

Rights of. 

Residence of..1239- 

Not affected, when. 

Registration of.1107- 


Voting and Challenges.1224-1243 156-161 


Voting, being influenced as to, 


when a crime. 

54a 

203 

How done. 

1204 

146 

Method of. 

5 

8 

Who disqualified from. < 

10 

11 

37 

Manner of.1224- 

-1230 

156 

More than once. 

46 

199 

Only one to vote at a time... 

1205 

*147 

Papers, sealed up. 

1261 

164 

When to commence. 

1224 

156 

Without being qualified. 

45 

198 

Voting machines, acts in relation to 


294-320 

When may be used. 

6 

8 

Creation of state commission 



on. 

1 

294 

Supervisors may require use 



of. 

2 

295 

Purchase and care of. 

3 

296 

Requisites of. 

4 

296 

Number to be used. 

5 

299 

Stationery and instructions. . 

6 

299 

Tally lists. 

7 

301 

Duties of election board.... 

8 

302 

How to be placed. 

9 

305 































INDEX. xxxxiii 

Section. Page. 

Voting Machines—Continued 

Voting, how conducted. 10 305 

Result, declaration of. 11 306 

Records to be preserved .... 12 307 

Misconduct at elections. 13 311 

Election precincts. 14 311 

Official ballots. 15 311 

Sec. 1142 Pol. Code applies.. 16 312 

Must be tested and sealed 

before election. 16a 314 

General laws govern_ ;... 17 316 

Willful violation punished .. 18 317 

To be tested, examined and 

sealed. 1 317 

Notice of test. 2 318 

Violation punished. 3 320 

W 

Watermark to be changed. 1196 130 

On ballot paper. 1196 130 

When free from military duty.... 1070 88 

Entry may be canceled. 1109 111 

Privileged from arrest. 2 7 

Voters must register. 1104 109 


Who may vote.{l083-1083a 96 


Who not qualified to vote. 1084 96 

Witness, when exempt from prose¬ 
cution. 10 292 

Who competent. 10 292 

Will not be excused from 

testifying. 64 212 






















PREFATORY 


The object of this hand-book is to present in a 
compact, convenient form for ready reference by 
the people at large, all the laws relative to elections 
to which the voter, or the officer of elections in this 
State, will have occasion to refer. Its form and ar¬ 
rangement has been determined upon wdth this end 
in view. It contains pertinent provisions from the 
Constitution of the United States, from the laws of 
Congress, from the State Constitution, and from the 
Codes, and the important State Statutes in full, relat¬ 
ing to this subject. The size of the volume is also 
believed to be the most convenient for frequent use. 



CHAPTER I. 


CITIZENSHIP AS DEFINED IN CONSTITUTION 
OF THE UNITED STATES. 

Fourteenth Amendment, Sec. 1. 

\ 

All persons born or naturalized in the United 
States and subject to the jurisdiction thereof are 
citizens of the United States and of the State 
wherein they reside. No State shall make or en¬ 
force any law which shall abridge the privileges or 
immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty 
or property without due process of law, nor deny to 
any person within its jurisdiction the equal protec¬ 
tion of the laws. 


i 


2 


ELECTION LAWS. 


CHAPTER II. 

SECTIONS FROM THE REVISED STATUTES OF 
THE UNITED STATES RELATING 
TO CITIZENSHIP. 

Citizenship of Children Bom Abroad. 

1993. All children heretofore born or hereafter 
born out of the limits and jurisdiction of the United 
States, whose fathers were or may have been at the 
time of their birth citizens thereof, are declared to 
be citizens of the United States; but the rights of 
citizenship shall not descend to children whose 
fathers never resided in the United States. 

Right to Vote Not Affected by Race, Color, Etc. 

2004. All citizens of the United States who are 
otherwise qualified by law to vote at any election 
by the people in any State, Territory, district, 
county, city, parish, township, school district, mu¬ 
nicipality, or other territorial subdivision, shall be 
entitled and allowed to vote at all such elections, 
without distinction of race, color, or previous con¬ 
dition of servitude; any constitution, law, custom, 
usage, or regulation of any State or Territory, or 
by or under its authority, to the contrary notwith¬ 
standing. 

Concerning Aliens Enlisted in U. S. Armies. 

2166. Any alien of the age of twenty-one years 
and upward, who has enlisted, or may enlist, in the 
armies of the United States, either the regular or 
the volunteer forces, and has been, or may be here¬ 
after, honorably discharged, shall be admitted to 
become a citizen of the United States, upon his 
petition, without any previous declaration of his 
intention to become such; and he shall not be re¬ 
quired to prove more than one year’s residence 
within the United States previous to his application 
to become such citizen; and the court admitting 



ELECTION LAWS. 


3 


such alien shall, in addition to such proof of resi¬ 
dence and good moral character, as now provided 
by law, be satisfied by competent proof of such 
person’s having been honorably discharged from 
the service of the United States. [Act of July 17, 
1862.] 

Aliens Enlisted in U. S. Navy or Marine Corps. 

* * * Any alien of the age of twenty-one years 
and upward, who has enlisted or may enlist in the 
United States Navy or Marine Corps and has served 
or may hereafter serve five consecutive years in the 
United States Navy or one enlistment in the United 
States Marine Corps, and has been or may hereafter 
be honorably discharged, shall be admitted to be¬ 
come a citizen of thev United States upon his peti¬ 
tion, without any previous declaration of his inten¬ 
tion to become such; and the court admitting such 
alien shall, in addition to proof of good moral 
character, be satisfied by competent proof of such 
person’s service in and honorable discharge from 
the United States Navy or Marine Corps. [Act of 
July 26, 1894.] 

Note.—This a provision of the Naval Appropria¬ 
tion Act. 

Who May Be Admitted to Citizenship. 

2169. The provisions of this title shall apply to 
aliens being free white persons, and to aliens of 
African nativity and to persons of African descent 
[Act of July 14, 1870. Amended February 18 
1875.] 

Chinese Not to Be Naturalized. 

That hereafter no State court or court of the 
United States shall admit Chinese to citizenship; 
and all laws in conflict with this Act are hereby 
repealed. [Act of May 6, 1882.] 

Term of Residence Required. 

2170. No alien shall be admitted to become a 
citizen who has not, for the continued term of five 


4 


ELECTION LAWS. 


years next preceding his admission, resided within 
the United States. [Act of March 3, 1813.] 

In Case of War, When Admission to Citizenship 

May Be Made. 

2171. No alien who is a native citizen or subject, 
or a denizen of any country, state, or sovereignty 
with which the United States are at war, at the 
time of his application, shall be then admitted to 
become a citizen of the United States; but persons 
resident within the United States, or the Territories 
thereof, on the eighteenth day of June, in the year 
one thousand eight hundred and twelve, who had 
before that day made a declaration, according to 
law, of their intention to become citizens of the 
United States, or who were on that day entitled to 
become citizens without making such declaration, 
may be admitted to become citizens thereof, not¬ 
withstanding they were alien enemies at the time 
and in the manner prescribed by the laws heretofore 
passed on that subject; nor shall anything herein 
contained be taken or construed to interfere with 
or prevent the apprehension and removal, agreeably 
to law, of any alien enemy at any time previous to 
the actual naturalization of such alien. [Act of 
July 30, 1813.] 

Citizenship of Children of Naturalized Aliens— 

Restrictions. 

2172. The children of persons who have been duly 
naturalized under any law of the United States, 
or who, previous to the passing of any law on that 
subject by the Government of the United States, 
may have become citizens of any one of the States, 
under the laws thereof, being under the age of 
twenty-one years at the time of the naturalization 
of their parents, shall, if dwelling in the United 
States, be considered as citizens thereof; and the 
children of persons who now are, or have been citi¬ 
zens of the United States, shall, though born out of 
the limits and jurisdiction of the United States, be 


ELECTION LAWS. 


5 


considered as citizens thereof; but no person here¬ 
tofore proscribed by any State, or who has been 
legally convicted of having joined the army of 
Great Britain during the Revolutionary War, shall 
be admitted to become a citizen without the consent 
of the Legislature of the State in which such person 
was proscribed. [Act of April 14, 1802.] 

Citizenship of Seamen. 

2174. Every seaman, being a foreigner, who de¬ 
clares his intention of becoming a citizen of the 
United States in any competent court, and shall 
have served three years on board of a merchant 
vessel of the United States subsequent to the date 
of such declaration, may, on his application to any 
competent court, and the production of his certifi¬ 
cate of discharge and good conduct during that 
time, together with the certificate of his declaration 
of intention to become a citizen, be admitted a 
citizen of the United States; and every seaman, 
being a foreigner, shall, after his declaration of in¬ 
tention to become a citizen of the United States, 
and after he shall have served such three years, be 
deemed a citizen of the United States, for the 
purpose of manning and serving on board any mer¬ 
chant vessel of the United States, anything to the 
contrary in any Act of Congress notwithstanding; 
but such seaman shall, for all purposes of protection 
as an American citizen, be deemed such, after the 
filing of his declaration of intention to become such 
citizen. [Act of June 7, 1872.] 


ELECTION LAWS. 


3 


CHAPTER III. 

SECTIONS FROM THE CONSTITUTION OF CAL¬ 
IFORNIA RELATING TO ELECTIONS. 

ARTICLE II. 


Who May Vote. 

Section 1. Every native citizen of the United 
States, every person who shall have acquired the 
rights of citizenship under or by virtue of the treaty 
of Queretaro, and every naturalized citizen thereof, 
who shall have become such ninety days prior to any 
election, of the age of twenty-one years, who shall 
have been resident of the State one year next pre¬ 
ceding the election, and of the county in which he 
or she claims his or her vote ninety days, ai-d in 
the election precinct thirty days, shall be entitled 
to vote at all elections which are now or may here¬ 
after be authorized by law; provided, no native of 
China, no idiot, no insane person, no person con¬ 
victed of any infamous crime, no person hereafter 
convicted of the embezzlement or misappropriation 
of public money, and no person who shall not be 
able to read the Constitution in the English language 
and write his or her name, shall e^er exercise the 
privileges of an elector in this State; provided, that 
the provisions of this amendment relative to an edu¬ 
cational qualification shall not apply to any person 
prevented by a physical disability from complying 
with its requisitions, nor to any person who now 
has the right to vote, nor to any person who shall 
be sixty years of age and upwards at the time this 
amendment shall take effect. [Amendment adopted 
October 10, 1911.] 

78 Cal. 568; 83 Cal. 81; 91 Cal. 467; 92 Cal. 
321; 117 Cal. 123; 120 Cal. 374, 377; 127 
Cal. 88; 136 Cal. 451; 145 Cal. 341; 146 
Cal. 513; 151 Cal. 603; 152 Cal. 231, 232; 
7 Cal. App. 413. 


ELECTION LAWS. 


7 


Voters Privileged Prom Arrest. 

Sec. 2. Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from 
arrest on the days of election, during their attend¬ 
ance at such election, going to and returning there¬ 
from. 

Primary Elections. 

Sec. 2^4. The Legislature shall have the power to 
enaet laws relative to the election of delegates to 
conventions of political parties; and the Legislature 
shall enact laws providing for the direct nomina¬ 
tion of candidates for public office by electors, 
political parties or organizations of electors with¬ 
out conventions, at elections to be known and desig¬ 
nated as primary elections; also to dotermine the 
tests and conditions upon which electors, political 
parties, or organizations of electors may participate 
in any such primary election. It shall also be law¬ 
ful for the Legislature to prescribe that any such 
primary election shall be mandatory and obligatory. 
The Legislature shall also have the power to estab¬ 
lish the rates of compensation for primary election 
officers serving at such primary elections in any 
city, or city and county, or county, or other sub¬ 
division of a designated population, without mak¬ 
ing such compensation uniform, and for such pur¬ 
pose such law may declare the population of any 
city, city and county, county or political sub¬ 
division. Provided, however, that, until the Legis¬ 
lature shall enact a direct primary election law 
under the provisions of this section, the present pri¬ 
mary election law shall remain in force and effect. 
[Amendment adopted November 3, 1908.] 

120 Cal. 379; 146 Cal. 316; 151 Cal. 602, 605; 

152 Cal. 434; 155 Cal. 780, 782, 788, 792. 

Excused From Militia Duty. 

Sec. 3. No elector shall be obliged to perform 
militia duty on the day of election, except in time 
of war or public danger. 


8 


ELECTION LAWS. 


Residence of Voters Not Affected, When. 

Sec. 4. For the purpose of voting, no person shall 
be deemed to have gained or lost a residence by rea¬ 
son of his presence or absence while employed in the 
service of the United States, nor while engaged in 
the navigation of the waters of this State or of the 
United States, or of the high seas; nor wdiile a 
student at any seminary of learning; nor while kept 
in any almshouse or other asylum, at public expense; 
nor while confined in any public prison. 

105 Cal. 462. 

Method of Election. 

Sec. 5. All elections by the people shall be by 
ballot, or by such other method as may be prescribed 
by law; provided, that secrecy in voting be pre¬ 
served. [Amendment adopted November 3, 1896.] 
136 Cal. 655; 146 Cal. 316; 154 Cal. 282. 

Voting Machines May Be Used. 

Sec. 6. The inhibitions of this Constitution to 
the contrary notwithstanding, the Legislature shall 
have power to provide that in different parts of the 
State different methods may be employed for receiv¬ 
ing and registering the will of the people as ex¬ 
pressed at elections, and may provide that mechani¬ 
cal devices may be used within designated subdivi¬ 
sions of the State, at the option of the local 
authority indicated by the Legislature for that pur¬ 
pose. [New section adopted November 4, 1902.] 

ARTICLE IV. 

Legislative Powers—Powers Reserved by the People. 

Sec. 1. The legislative power of this state shall 
be vested in a senate and assembly which shall be 
designated “The 1 gislature of the State of Cali¬ 
fornia/' but the people reserve to themselves the 
power to propose laws and amendments to the con¬ 
stitution, and to adopt or reject the same, at the 


ELECTION LAWS. 


9 


polls independent of the legislature, and also re¬ 
serve the power, at their own option, to so adopt 
or reject any act, or section, or part of any act, 
passed by the legislature. 

The enacting clause of every law shall be “The 
people of the State of California do enact as fol¬ 
lows: 1 ’ 

The first power reserved to the people shall be 
known as the initiative. Upon the presentation to 
the secretary of state of a petition certified as 
herein provided to have been signed by qualified 
electors, equal in number to eight per cent of all 
the votes cast for all candidates for governor at 
the last preceding general election, at which a gov¬ 
ernor was elected, proposing a law or amendment to 
the constitution, set forth in full in said petition, 
the secretary of state > shall submit the said pro¬ 
posed law or amendment to the constitution to the 
electors at the next succeeding general election oc¬ 
curring subsequent to ninety days after the pre¬ 
sentation aforesaid of said petition, or at any 
special election called by the governor in his dis¬ 
cretion prior to such general election. All such 
initiative petitions shall have printed across the top 
thereof in twelve point black-face type the follow¬ 
ing: “Initiative measure to be submitted directly 
to the electors. “ 

Upon the presentation to the secretary of state, 
at any time not less than ten days before the com¬ 
mencement of any regular session of the legisla¬ 
ture, of a petition certified as herein provided to 
have been signed by qualified electors of the state 
equal in number to five per cent of all the votes 
cast for all candidates for governor at the last pre¬ 
ceding general election, at which a governor was 
elected, proposing a law set forth in full in said 
petition, the secretary of state shall transmit the 
same to the legislature as soon as it convenes and 
organizes. The law proposed by such petition shall 
be either enacted or rejected without change or 
amendment by the legislature, within forty days 
from the time it is received by the legislature. If 


10 


ELECTION LAWS. 


any law proposed by such petition shall be enacted 
by the legislature it shall be subject to referendum, 
as hereinafter provided. If any law so petitioned 
for, be rejected, or if no action is taken upon it by 
the legislature within said forty days, the secretary 
of state shall submit it to the people for approval 
or rejection at the next ensuing general election. 
The legislature may reject any measure so proposed 
by initiative petition and propose a different one on 
the same subject by a yea and nay vote upon sepa¬ 
rate roll call, and in such event both measures shall 
be submitted by the secretary of state to the elec¬ 
tors for approval or rejection at the next ensuing 
general election or at a prior special election called 
by the governor, in his discretion, for such purpose. 
All said initiative petitions last above described 
shall have printed in twelve point black-face type 
the following: “Initiative measure to be presented 
to the legislature. ” 

The second power reserved to the people shall be 
known as the referendum. No act passed by the 
legislature shall go into effect until ninety days 
after the final adjournment of the session of the 
legislature which passed such act, except acts call¬ 
ing elections, acts providing for tax levies or appro¬ 
priations for the usual current expenses of the 
state, and urgency measures necessary for the im¬ 
mediate preservation of the public peace, health or 
safety, passed by a two-thirds vote of all the mem¬ 
bers elected to each house. Whenever it is deemed 
necessary for the immediate preservation of the 
public peace, health or safety that a law shall go 
into immediate effect, a statement of the facts con¬ 
stituting such necessity shall be set forth in one 
section of the act, which section shall be passed 
only upon a yea and nay vote, upon a separate roll 
call thereon; provided, however, that no measure 
creating or abolishing any office or changing the 
salary, term or duties of any officer, or granting any 
franchise or special privilege, or creating any vested 
right or interest, shall be construed to be an ur¬ 
gency measure. Any law so passed by the legisla- 


ELECTION LAWS. 


11 


turejand [declared to be an urgency measure shall 
go into immediate effect. 

Upon the presentation to the secretary of state 
within ninety days after the final adjournment of 
the legislature of a petition certified as herein pro¬ 
vided, to have been signed by qualified electors 
equal in number to five per cent of all the votes 
east for all candidates for governor at the last 
preceding general election at which a governor was 
elected, asking that any act or section or part of 
any act of the legislature, he submitted to the 
electors for their approval or rejection, the secre¬ 
tary of state shall submit to the electors for their 
approval or rejection, such act, or section or part 
of such act, at the next succeeding general elec¬ 
tion occurring at any time subsequent to thirty 
days after the filing of said petition or at any 
special election which, may be called by the gov¬ 
ernor, in his discretion, prior to such regular elec¬ 
tion, and no such act or section or part of such act 
shall go into effect until and unless approved by 
a majority of the qualified electors voting thereon; 
but if a referendum petition is filed against any 
section or part of any act the remainder of such 
act shall not be delayed from going into effect. 

Any act, law or amendment to the constitution 
submitted to the people by either initiative or ref¬ 
erendum petition and approved by a majority of 
the votes cast thereon, at any election, shall take 
effect five days after the date of the official declara¬ 
tion of the vote by the secretary of state. No act, 
law or amendment to the constitution, initiated or 
adopted by the people, shall be subject to the veto 
power of the governor, and no act, law or amend¬ 
ment to the constitution, adopted by the people at 
the polls under the initiative provisions of this sec¬ 
tion, shall be amended or repealed except by a vote 
of the electors, unless otherwise provided in said 
initiative measure; but acts and laws adopted by 
the people under the referendum provisions of this 
section may be amended by the legislature at any 
subsequent session thereof. If any provision or pro- 


12 


ELECTION LAWS. 


visions of two or more measures, approved by the 
electors at the same election, conflict, the provision 
or provisions of the measure receiving the highest 
affirmative vote shall prevail. Until otherwise pro¬ 
vided by law, all measures submitted to a vote of 
the electors, under the provisions of this section, 
shall be printed, and together with arguments for 
and against each such measure by the proponents 
and opponents thereof, shall be mailed to each 
elector in the same manner as now provided by law 
as to amendments to the constitution, proposed by 
the legislature; and the persons to prepare and 
present such arguments shall, until otherwise pro¬ 
vided by law, be selected by the presiding officer 
of the senate. 

If for any reason any initiative or referendum 
measure, proposed by petition as herein provided, 
be not submitted at the election specified in this 
section, such failure shall not prevent its submis¬ 
sion at a succeeding general election, and no law 
or amendment to the constitution, proposed by the 
legislature, shall be submitted at any election unless 
at the same election there shall be submitted all 
measures proposed by petition of the electors, if 
any be so proposed, as herein provided. 

Any initiative or referendum petition may be pre¬ 
sented in sections, but each section shall contain 
a full and correct copy of the title and text of the 
proposed measure. Each signer shall add to his 
signature his place of residence, giving the street 
and number if such exist. His election precinct 
shall also appear on the paper after his name. The 
number of signatures attached to each section shall 
be at the pleasure of the person soliciting signa¬ 
tures to the same. Any qualified elector of the 
state shall be competent to solicit said signatures 
within the county or city and county of which he 
is an elector. Each section of the petition shall 
bear the name of the county or city and county in 
which it is circulated, and only qualified electors 
•of such county or city and county shall be compe¬ 
tent to sign such section. Each section shall have 


ELECTION LAWS. 


13 


attached thereto the affidavit of the person soliciting 
signatures to the same, stating his own qualifications 
and that all the signatures to the attached section 
were made in his presence and that to the best of 
his knowledge and belief each signature to the sec¬ 
tion is the genuine signature of the person whose 
name it purports to be, and no other affidavit there¬ 
to shall be required. The affidavit of any person 
soliciting signatures hereunder shall be verified free 
of charge by any officer authorized to administer 
oaths. Such petitions so verified shall be prima 
facie evidence that the signatures thereon are 
genuine and that the persons signing the same are 
qualified electors. Unless and until it be otherwise 
proven upon official investigation, it shall be pre¬ 
sumed that the petition presented contains the sig¬ 
natures of the requisite number of qualified electors. 

Each section of the petition shall be filed with 
the clerk or registrar of voters of the county or 
city and county in which it was circulated, but all 
said sections circulated in any county or city and 
county shall be filed at the same time. Within 
twenty days after the filing of such petition in his 
office the said clerk, or registrar of voters shall de¬ 
termine from the records of registration what num¬ 
ber of qualified electors have signed the same, and 
if necessary the board of supervisors shall allow 
said clerk or registrar additional assistants for the 
purpose of examining such petition and provide for 
their compensation. The said clerk or registrar, 
upon the completion of such examination, shall 
forthwith attach to said petition, except the signa¬ 
tures thereto appended, his certificate, properly 
dated, showing the result of said examination and 
shall forthwith transmit said petition, together with 
his said certificate, to the secretary of state and 
also file a copy of said certificate in his office. With¬ 
in forty days from the transmission of the said 
petition and certificate by the clerk or registrar to 
the secretary of state, a supplemental petition iden¬ 
tical with the original as to the body of the peti¬ 
tion but containing supplemental names, may be 


14 


ELECTION LAWS. 


filed with the elerk or registrar of voters, as afore¬ 
said. The clerk or registrar of voters shall within 
ten days after the filing of such supplemental peti¬ 
tion make like examination thereof, as of the orig¬ 
inal petition, and upon the completion of such ex¬ 
amination shall forthwith attach to said petition his 
certificate, properly dated, showing the result of 
said examination, and shall forthwith transmit a 
copy of said supplemental petition, except the signa¬ 
tures thereto appended, together with his certificate, 
to the secretary of state. 

When the secretary of state shall have received 
from one or more county clerks or registrars of 
voters a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every county 
or city and county in the state his certificate show¬ 
ing such fact. A petition shall be deemed to be 
filed with the secretary of state upon the date of 
the receipt by him of a certificate or certificates 
showing said petition to be signed by the requisite 
number of electors of the state. Any county clerk 
or registrar of voters shall, upon receipt of such 
copy, file the same for record in his office. 

The duties herein imposed upon the clerk or regis¬ 
trar of voters shall be performed by such registrar 
of voters in all cases where the office of registrar of 
voters exists. 

The initiative and referendum powers of the peo¬ 
ple are hereby further reserved to the electors 
of each county, city and county, city and town of 
the state, to be exercised under such procedure as 
may be provided by law. Until otherwise provided 
by law, the legislative body of any such county, city 
and county, city or town may provide for the man¬ 
ner of exercising the initiative and referendum 
powers herein reserved to such counties, cities and 
counties, cities and towns, but shall not require 
more than fifteen per cent of the electors thereof 
to propose any initiative measure nor more than 


ELECTION LAWS. 


15 


ten per cent of the electors thereof to order the 
referendum. Nothing contained in this section shall 
be construed as affecting or limiting the present or 
future powers of cities or cities and counties having 
charters adopted under the provisions of section 
eight of article eleven of this constitution. 

In the submission to the electors of any measure 
under this section, all officers shall be guided by the 
general laws of this state, except as is herein other¬ 
wise provided. 

This section is self-executing, but legislation may 
be enacted to facilitate its operation, but in no way 
limiting or restricting either the provisions of this 
section or the powers herein reserved. [Amendment 
adopted October 10, 1911.] 

Senatorial and Assembly Districts. 

Sec. 6. For the purpose of choosing members of 
the legislature, the state shall be divided into forty 
senatorial and eighty assembly districts, as nearly 
equal in population as may be, and composed of con¬ 
tiguous territory, to be called senatorial and assem¬ 
bly districts. Each senatorial district shall choose 
one senator, and each assembly district shall choose 
one member of assembly. The senatorial districts 
shall be numbered from one to forty, inclusive, in 
numerical order, and the assembly districts shall be 
numbered from one to eighty in the same order, com¬ 
mencing at the northern boundary of the state and 
ending at the southern boundary thereof. In the 
formation of such districts no county, or city and 
county, shall be divided, unless it contains sufficient 
population within itself to form two or more dis¬ 
tricts, nor shall a part of any county, or of any city 
and county, be united with any other county, or city 
and county, in forming any district. The census 
taken under the direction of the congress of the 
United States in the year one thousand eight hun¬ 
dred and eighty, and every ten years thereafter, 
shall be the basis of fixing and adjusting the legis¬ 
lative districts and the legislature shall, at its first 
session after each census, adjust such districts and 


16 


ELECTION LAWS. 


reapportion the representation so as to preserve 
them as near equal in population as may be. But 
in making such adjustments no persons who are not 
eligible to become citizens of the United States, 
under the naturalization laws, shall be counted as 
forming a part of the population of any district. 
Until such districting as herein provided for shall be 
made, senators and assemblymen shall be elected by 
the districts according to the apportionment now 
provided for by law. 

58 Cal. 400; 65 Cal. 577, 579, 580; 96 Cal. 290, 
291, 293, 296; 117 Cal. 372, 523; 122 Cal. 119; 
152 Cal. 235, 236, 237. 

Embezzlers Not Eligible to Office. 

Sec. 21. No person convicted of the embezzle¬ 
ment or defalcation of the public funds of the 
United States, or of any state, or of any county or 
municipality therein, shall ever be eligible to any 
office of honor, trust, or profit under this state, and 
the legislature shall provide, by law, for the punish¬ 
ment of embezzlement or defalcation as a felony. 

136 Cal. 445; 154 Cal. 281. 

Congressional Districts, Formation of. 

Sec. 27. When a congressional district shall be 
composed of two or more counties, it shall not be 
separated by any county belonging to another dis¬ 
trict. No county, or city and county, shall be 
divided in forming a congressional district so as to 
attach one portion of a county, or city and county, 
to another county, or city and county, except in 
cases where one county, or city and county, has more 
population than the ratio required for one or more 
congressmen; but the legislature may divide any 
county, or city and county, into as many congres¬ 
sional districts as it may be entitled to by law. 
Any county, or city and county containing a popu¬ 
lation greater than the number required for one 
congressional district, shall be formed into one or 
more congressional districts according to the popu- 


ELECTION LAWS. 


17 


lation thereof, and any residue, after forming such 
district or districts, shall be attached, by compact 
adjoining assembly districts, to a contiguous county 
or counties, and form a congressional district. In 
dividing a county, or city and county, into con¬ 
gressional districts, no assembly district shall be 
divided so as to form a part of more than one con¬ 
gressional district, and every such congressional 
district shall be composed of compact contiguous 
assembly districts. 


ARTICLE XI. 

Freeholders' Charters for Counties. 

Sec. 7 y 2 . Any county may frame a charter for 
its own government consistent with and subject 
to the constitution (or, having framed such a char¬ 
ter, may frame a new one,) relating to the matters 
hereinafter in this section specified, and none other, 
by causing a board of fifteen freeholders, who have 
been for at least five years qualified electors there¬ 
of, to be elected by the qualified electors of said 
county, at a general or special election. Said board 
of freeholders may be so elected in pursuance of 
an ordinance adopted by the vote of three-fifths of 
all the members of the board of supervisors of such 
county, declaring that the public interest requires 
the election of such board for the purpose of pre¬ 
paring and proposing a charter for said county, or 
in pursuance of a petition of qualified electors of 
said county as hereinafter provided. Such petition, 
signed by fifteen per centum of the qualified elec¬ 
tors of said county, computed upon the total num¬ 
ber of votes cast therein for all candidates for 
governor at the last preceding general election at 
which a governor was elected, praying for the elec¬ 
tion of a board of fifteen freeholders to prepare 
and propose a charter for said county, may be 
filed in the office of the county clerk. It shall be 
the duty of said county clerk, within twenty days 
after the filing of said petition, to examine the 


18 


ELECTION LAWS. 


same, and to ascertain from the record of the regis¬ 
tration of electors of the county, whether said peti¬ 
tion is signed by the requisite number of qualified 
electors. If required by said clerk, the board of 
supervisors shall authorize him to employ persons 
specially to assist him in the work of examining 
such petition, and shall provide for their compensa¬ 
tion. Upon the completion of such examination, 
said clerk shall forthwith attach to said petition 
his certificate, properly dated, showing the result 
thereof, and if, by said certificate, it shall appear 
that said petition is signed by the requisite number 
of qualified electors, said clerk shall immediately 
present said petition to the board of supervisors, 
if it be in session, otherwise at its next regular 
meeting after the date of such certificate. Upon the 
adoption of such ordinance, or the presentation of 
such petition, said board of supervisors shall order 
the holding of a special election for the purpose of 
electing such board of freeholders, which said 
special election shall be held not less than twenty 
days nor more than sixty days after the adoption 
of the ordinance aforesaid or the presentation of 
said petition to said board of supervisors; provided, 
that if a general election shall occur in said county 
not less than twenty days nor more than sixty days 
after the adoption of the ordinance aforesaid, or 
such presentation of said petition to said board of 
supervisors, said board of freeholders may be 
elected at such general election. Candidates for 
election as members of said board of freeholders 
shall be nominated by petition, substantially in the 
same manner as may be provided by general law 
for the nomination, by petition of electors, of can¬ 
didates for county offices, to be voted for at general 
elections. 

It shall be the duty of said board of freeholders, 
within one hundred and twenty days after the re¬ 
sult of such election shall have been declared by 
said board of supervisors, to prepare and propose a 
charter for said county, which shall be signed in 
duplicate by the members of said board of freehold- 


ELECTION LAWS. 


19 


ers, or a majority of them, and be filed, one copy in 
the office of the county clerk of said county and 
the other in the office of the county recorder there¬ 
of. Said board of supervisors shall thereupon cause 
said proposed charter to be published for at least 
ten times in a daily newspaper of general circula¬ 
tion, printed, published and circulated in said 
county; provided, that in any county where no such 
daily newspaper is printed, published and circu¬ 
lated, such proposed charter shall be published for 
at least three times in at least one weekly news¬ 
paper, of general circulation, printed, published and 
circulated in such county, and provided that in any 
county where neither such daily nor such weekly 
newspaper is printed, published and circulated, a 
copy of such proposed charter shall be posted by 
the county clerk in three public places in said 
county, and on or near the entrance to at least one 
public school house in each school district in said 
county, and the first publication or the posting of 
such proposed charter shall be made within fifteen 
days after the filing of a copy thereof, as aforesaid, 
in the office of the county clerk. Said proposed char¬ 
ter shall be submitted by said board of supervisors 
to the qualified electors of said county at a special 
election held not less than thirty days nor more 
than sixty days after the completion of such publi¬ 
cation, or after such posting; provided, that if a 
general election shall occur in said county not less 
than thirty days nor more than sixty days after 
the completion of such publication, or after such 
posting, then such proposed charter may be so sub¬ 
mitted at such general election. If a majority of 
said qualified electors voting thereon at such gen¬ 
eral or special election, shall vote in favor of such 
proposed charter, it shall be deemed to be ratified, 
and shall be forthwith submitted to the legislature, 
if it be in regular session, otherwise at its next 
regular session, or it may be submitted to the legis¬ 
lature in extraordinary session, for its approval or 
rejection as a whole, without power of alteration 
or amendment. Such approval may be made by con- 


20 


ELECTION LAWS. 


current resolution, and if approved by a majority 
vote of the members elected to each house, such 
charter shall become the charter of such county and 
shall become the organic law thereof relative to the 
matters therein provided, and supersede any exist¬ 
ing charter framed under the provisions of this sec¬ 
tion, and all amendments thereof, and shall super¬ 
sede all laws inconsistent with such charter rela¬ 
tive to the matters provided in such charter. A 
copy of such charter, certified and authenticated by 
the chairman and clerk of the board of supervisors 
under the seal of said board and attested by the 
county clerk of said county, setting forth the sub¬ 
mission of such charter to the electors of said 
county, and its ratification by them, shall, after the 
approval of such charter by the legislature, be 
made in duplicate, and filed, one in the office of the 
secretary of state and the other, after being re¬ 
corded in the office of the recorder of said county, 
shall be filed in the office of the county clerk there¬ 
of, and thereafter all courts shall take judicial no¬ 
tice of said charter. 

The charter, so ratified, may be amended by pro¬ 
posals therefor submitted by the board of super¬ 
visors of the county to the qualified electors thereof 
at a general or special election held not less than 
thirty days nor more than sixty days after the 
publication of such proposals for ten times in a 
daily newspaper of general circulation, printed, pub¬ 
lished and circulated in said county, provided that 
in any county where no such daily newspaper is 
printed, published and circulated, such proposed 
charter shall be published for at least three times 
in at least one weekly newspaper, of general circu¬ 
lation, printed, published and circulated in such 
county; provided, that in any county where neither 
such daily nor such weekly newspaper is printed, 
published and circulated, a copy of such proposed 
charter shall be posted by the county clerk in 
three public places in said county, and *on or near 
the entrance to at least one public school house in 
each school district in said county. If a majority 


ELECTION LAWS. 


21 


of such qualified electors voting thereon, at such 
general or special election, shall vote in favor of 
any such proposed amendment or amendments, or 
any amendment or amendments proposed by peti¬ 
tion as hereinafter provided, such amendment or 
amendments shall be deemed to be ratified, and 
shall be forthwith submitted to the legislature, if 
it be in regular session, otherwise at its next regu¬ 
lar session, or may be submitted to the legislature 
in extraordinary session, for approval or rejection 
as a whole, without power of alteration or amend¬ 
ment, and if approved by the legislature, as herein 
provided for the approval of the charter, such char¬ 
ter shall be amended accordingly. A copy of such 
amendment or amendments shall, after the approval 
thereof by the legislature,,be made in duplicate, and 
shall be authenticated, certified, recorded and filed 
as herein provided for the charter, and with like 
force and effect. Whenever a petition signed by 
ten per centum of the qualified electors of any 
county, computed upon the total number of votes 
cast in said county for all candidates for governor 
at the last general election, at which a governor 
was elected, is filed in the office of the county clerk 
of said county, petitioning the board of supervisors 
thereof to submit any proposed amendment or 
amendments to the charter of such county 
which amendment or amendments shall be set 
forth in full in such petition, to the qual¬ 
ified electors thereof, such petition shall 
forthwith be examined and certified by the 
county clerk, and if signed by the requisite number 
of qualified electors of such county, shall be pre¬ 
sented to the said board of supervisors, by the 
said county clerk, as hereinbefore provided for pe¬ 
titions for the election of boards of freeholders. 
Upon the presentation of said petition to said 
board of supervisors, said board must submit the 
amendment or amendments set forth therein to the 
qualified electors of said county at a general or 
special election held not less than thirty days nor 
more than sixtv days after the publication or post- 


22 


ELECTION LAWS. 


ing of such proposed amendment or amendments in 
the same manner as hereinbefore provided in the 
case of the submission of any proposed amendment 
or amendments to such charter, proposed and sub¬ 
mitted by the board of supervisors. In submitting 
any such charter, or amendments thereto, any alter¬ 
native article or proposition may be presented for 
the choice of the electors, and may be voted on 
separately without prejudice to others. 

Every special election held under the provisions 
of this section, for the election of boards of free¬ 
holders or for the submission of proposed charters, 
or any amendment or amendments thereto, shall be 
called by the board of supervisors, by ordinance, 
which shall specify the purpose and time of such 
election and shall establish the election precincts 
and designate the polling places therein, and the 
names of the election officers for each such precinct. 
Such ordinance, prior to such election, shall be 
published five times in a daily newspaper, or twice 
in a weekly newspaper, if there be no such daily 
newspaper, printed, published and circulated in said 
county; provided that if no such daily or weekly 
newspaper be printed or published in such county, 
then a copy of such ordinance shall be posted by 
the county clerk in three public places in such 
county and in or near the entrance to at least one 
public school house in each school district therein. 
In all other respects, every such election shall be 
held and conducted, the returns thereof canvassed 
and the result thereof declared by the board of 
supervisors in the same manner as provided by law 
for general elections. Whenever boards of free¬ 
holders shall be elected, or any such proposed char¬ 
ter, or amendment or amendments thereto, sub¬ 
mitted, at a general election, the general laws ap¬ 
plicable to the election of county officers and the 
submission of propositions to the vote of electors, 
shall be followed in so far as the same may be 
applicable thereto. 

It shall be competent, in all charters, framed un¬ 
der the authority given by this section to provide, 


ELECTION LAWS. 


23 


in addition to any other provisions allowable by 
this constitution, and the same shall provide, for 
the following matters: 

1. For boards of supervisors and for the con¬ 
stitution, regulation and government thereof, for 
the times at which and the terms for which the 
members of said board shall be elected, for the 
number of members, not less than three, that shall 
constitute such boards, for their compensation and 
for their election, either by the electors of the 
counties at large or by districts; provided, that in 
any event said board shall consist of one member 
for each district, who must be a qualified elector 
thereof; and 

2. For sheriffs, county clerks, treasurers, record¬ 
ers, license collectors, tax collectors, public admin¬ 
istrators, coroners, surveyors, district attorneys, au¬ 
ditors, assessors and superintendents of schools, for 
the election or appointment of said officers, or any 
of them, for the times at which and the terms for 
which, said officers shall be elected or appointed, 
and for their compensation, or for the fixing of such 
compensation by boards of supervisors, and, if ap¬ 
pointed, for the manner of their appointment; and 

3. For the number of justices of the peace and 
constables for each township, or for the number of 
such judges and other officers of such inferior 
courts as may be provided by the constitution or 
general law, for the election or appointment of said 
officers, for the times at which and the terms for 
which said officers shall be elected or appointed, 
and for their compensation, or for the fixing of 
such compensation by boards of supervisors, and 
if appointed, for the manner of their appointment; 
and 

4. For the powers and duties of boards of super¬ 
visors and all other county officers, for their re¬ 
moval and for the consolidation and segregation of 
county offices, and for the manner of filling all va¬ 
cancies occurring therein; provided, that the pro¬ 
visions of such charters relating to the powers and 


24 


ELECTION LAWS. 


duties of boards of supervisors and all other county 
officers shall be subject to and controlled by gen¬ 
eral laws; and 

5. For the fixing and regulation by boards of 
supervisors, by ordinance, of the appointment and 
number of assistants, deputies, clerks, attaches and 
other persons to be employed, from time to time, in 
the several offices of the county, and for the pre¬ 
scribing and regulating by such boards of the 
powers, duties, qualifications and compensation of 
such persons, the times at which, and the terms for 
which they shall be appointed, and the manner of 
their appointment and removal; and 

6. For the compensation of such fish and game 
wardens, probation and other officers as may be 
provided by general law, or for the fixing of such 
compensation by boards of supervisors. 

All elective officers of counties and of townships, 
of road districts and of highway construction divis¬ 
ions therein shall be nominated and elected in the 
manner provided by general laws for the nomina¬ 
tion and election of such officers. 

All charters framed under the authority given by 
this section, in addition to the matters herein above 
specified, may provide as follows: 

For offices other than those required by the con¬ 
stitution and laws of the state, or for the creation 
of any or all of such offices by boards of super¬ 
visors, for the election or appointment of persons 
to fill such offices, for the manner of such appoint¬ 
ment, for the times at which and the terms for 
which such persons shall be so elected or appointed, 
and for their compensation, or for the fixing of 
such compensation by boards of supervisors. 

For offices hereafter created by this constitution 
or by general law, for the election or appointment 
of persons to fill such offices, for the manner of 
such appointment, for the times at which and the 
terms for which such persons shall be so elected or 
appointed, and for their compensation, or for the 
fixing of such compensation by boards of super¬ 
visors. 


ELECTION LAWS. 


25 


For the formation, in such counties, of road dis¬ 
tricts for the care, maintenance, repair, inspection 
and supervision only of roads, highways and 
bridges; and for the formation, in such counties, of 
highway construction divisions for the construc¬ 
tion only of roads, highways and bridges; for the 
inclusion in any such district or division, of the 
whole or any part of any incorporated city or 
town, upon ordinance passed by such incorporated 
city or town authorizing the same, and upon the 
assent to such inclusion by a majority of the qual¬ 
ified electors of such incorporated city or town, or 
portion thereof, proposed to be so included, at an 
election held for that purpose; for the organization, 
government, powers and jurisdiction of such dis¬ 
tricts and divisions, and for raising revenue there¬ 
in, for such purposes, by taxation, upon the assent 
of a majority of the qualified electors of such dis¬ 
tricts or divisiqns, voting at an election to be held 
for that purpose; for the incurring of indebtedness 
therefor by such counties, districts or divisions for 
such purposes respectively, by the issuance and 
sale, by the counties, of bonds of such counties, dis¬ 
tricts or divisions, and the expenditure of the pro¬ 
ceeds of the sale of such bonds, and for levying and 
collecting taxes against the property of the coun¬ 
ties, districts or divisions, as the case may be, for 
the payment of the principal and interest of such 
indebtedness at maturity; provided, that any such 
indebtedness shall not be incurred without the as¬ 
sent of two-thirds of the qualified electors of the 
county, district or division, as the case may be, 
voting at an election to be held for that purpose, 
nor unless before or at the time of incurring such 
indebtedness provision shall be made for the collec¬ 
tion of an annual tax sufficient to pay the interest 
on such indebtedness as it falls due, and also for a 
sinking fund for the payment of the principal there¬ 
of on or before maturity, which shall not exceed 
forty years from the time of contracting the same, 
and the procedure for voting, issuing and selling 
such bonds shall, except in so far as the same shall 


26 


ELECTION LAWS. 


be prescribed in such charters, conform to general 
laws for the authorizing and incurring by counties 
of bonded indebtedness, so far as applicable; pro¬ 
vided, further, that provisions in such charters for 
the construction, care, maintenance, repair, inspec¬ 
tion and supervision of roads, highways and bridges 
for which aid from the state is granted, shall be 
subject to such regulations and conditions as may 
be imposed by the legislature. 

Whenever any county has framed and adopted a 
charter, and the same shall have been approved by 
the legislature, as herein provided, the general laws 
adopted by the legislature in pursuance of sections 
four and five of this article, shall, as to such county, 
be superseded by said charter as to matters for 
which, under this section it is competent to make 
provision in such charter, and for which provision 
is made therein, except as herein otherwise ex¬ 
pressly provided, and except that any such charter 
shall not affect the tenure of office of the elective 
officers of the county, or of any district, township 
. or division thereof, in office at the time such char¬ 
ter goes into effect, and such officers shall continue 
to hold their respective offices until the expiration 
of the term for which they shall have been elected, 
unless sooner removed in the manner provided by 
law. 

The charter of any county, adopted under the 
authority of this section, may be surrendered and 
annulled with the assent of two-thirds of the qual¬ 
ified electors of such county, voting at a special 
election, held for that purpose, and to be ordered 
and called by the board of supervisors of the county 
upon receiving a written petition, signed and certi¬ 
fied as hereinabove provided for the purposes of the 
adoption of charters, requesting said board to sub¬ 
mit the question of the surrender and annulment 
-of such charter to the qualified electors of such 
county, and, in the event of the surrender and an¬ 
nulment of any such charter, such county shall 
thereafter be governed under general laws in force 
for the government of counties. 


ELECTION LAWS. 


27 


The provisions of this section shall not be ap¬ 
plicable to any county that is consolidated with 
any city. [New section adopted October 10, 1911.] 

City Charters, How Framed and Ratified. 

Sec. 8. Any city containing a population of 
more than three thousand five hundred inhabitants 
as ascertained and established by the last preced¬ 
ing census, taken under the direction of the con¬ 
gress of the United States, or by a census of said 
city, taken, subsequent to the aforesaid census, un¬ 
der the direction of the legislative body thereof, 
under laws authorizing the taking of the census of 
cities, may frame a charter for its own govern¬ 
ment, consistent with, and subject to, the constitu¬ 
tion, (or, having framed' such a charter, may frame 
a new one), by causing a board of fifteen freehold¬ 
ers, who shall have been, for at least five years, 
qualified electors thereof, to be elected by the 
qualified electors of said city, at a general or special 
municipal election. Said board of freeholders may 
be so elected in pursuance of an ordinance adopted 
by a vote of two-thirds of all the members of the 
council, or other legislative body, of such city, de¬ 
claring that the public interest requires the election 
of such board for the purpose of preparing and pro¬ 
posing a charter for said city, or in pursuance of a 
petition of qualified electors of said city, as here¬ 
inafter provided. Such petition, signed by fifteen 
per centum of the qualified electors of said city 
computed upon the total number of votes cast 
therein for all candidates for governor at the last 
preceding general election at which a governor was 
elected, praying for the election of a board of fif¬ 
teen freeholders to prepare and propose a charter 
for said city, may be filed in the office of the city 
clerk thereof. It shall be the duty of said city 
clerk, within twenty days after the filing of said 
petition, to examine the same and to ascertain from 
the record of the registration of electors of the 
county, showing the registration of electors of said 
city, whether the petition is signed by the requisite 


ELECTION LAWS. 


number of qualified electors of such city. If re¬ 
quired by said clerk, the council, or other legisla¬ 
tive body, of said city shall authorize him to em¬ 
ploy persons specially to assist him in the work of 
examining such petition, and shall provide for their 
compensation. Upon the completion of such exam¬ 
ination, said clerk shall forthwith attach to said pe¬ 
tition his certificate, properly dated, showing the 
result thereof, and if, by said certificate, it shall 
appear that said petition is signed by the requisite 
number of qualified electors, said clerk shall present 
the said petition to said council, or other legislative 
body, at its next regular meeting after the date of 
such certificate. Upon the adoption of such or¬ 
dinance, or the presentation of such petition, said 
council, or other legislative body, shall order the 
holding of a special election for the purpose of 
electing such board of freeholders, which said spe¬ 
cial election shall be held not less than twenty 
days, nor more than sixty days, after the adoption 
of the ordinance aforesaid, or the presentation of 
said petition to said council, or other legislative 
body; provided, that if a general municipal election 
shall occur in said city not less than twenty days, 
nor more than sixty days, after the adoption of the 
ordinance aforesaid, or the presentation of said 
petition to said council, or other legislative body, 
said board of freeholders may be elected at such 
general municipal election. Candidates for election 
as members of said board of freeholders shall be 
nominated by petition, substantially in the same 
manner as may be provided by general laws for the 
nomination by petition of electors of candidates 
for public offices to be voted for at general elec¬ 
tions. 

It shall be the duty of said board of freeholders, 
within one hundred and twenty days after the re¬ 
sult of such election shall have been declared by 
said council, or other legislative body, to prepare 
and propose a charter for said city, which shall be 
signed in duplicate by the members of said board 
of freeholders, or a majority of them, and be filed, 


ELECTION LAWS. 


29 


one copy in the office of the city clerk of said city, 
and the other in the office of the county recorder 
of the county in which said city is situated. Said 
council, or other legislative body, shall, thereupon, 
cause said proposed charter to be published, for at 
least ten times, in a daily newspaper of general 
circulation, printed, published and circulated in 
said city; provided, that in any city where no such 
daily newspaper is printed, published and circu¬ 
lated, such proposed charter shall be published, for 
at least three times, in at least one weekly news¬ 
paper of general circulation, printed, published and 
circulated in said city, and, in any event, the first 
publication of such proposed charter shall be made 
within fifteen days after the filing of a copy there¬ 
of, as aforesaid, in the office of the city clerk. 
Such proposed charter shall be submitted by said 
council, or other legislative body, to the qualified 
electors of said city, at a special election held not 
less than twenty days, nor more than forty days, 
after the completion of such publication; provided, 
that if a general municipal election shall occur in 
said city not less than twenty days, nor more than 
forty days, after the completion of such publication, 
then such proposed charter may be so submitted at 
such general election. If a majority of such qual¬ 
ified electors voting thereon at such general or 
special election shall vote in favor of such pro¬ 
posed charter,,it shall be deemed to be ratified, and 
shall be submitted to the legislature, if it be in 
regular session, otherwise at its next regular ses¬ 
sion, or it may be submitted to the legislature. in 
extraordinary session, for its approval or rejection 
as a whole, without power of alteration or amend¬ 
ment. Such approval may be made by concurrent 
resolution, and if approved by a majority vote of 
the members elected to each house, such charter 
shall become the charter of such city, or, if such 
city be consolidated with a county, then of such 
city and county, and shall become the organic law 
thereof, and supersede any existing charter, 
(whether framed under the provisions of this sec- 


30 


ELECTION LAWS. 


tion of the constitution or not,) and all amend¬ 
ments thereof, and all laws inconsistent with such 
charter. A copy of such charter, certified by the 
mayor, or other chief executive officer of said city, 
and authenticated under the seal of such city, set¬ 
ting forth the submission of such charter to the 
electors of said city, and its ratification by them, 
shall, after the approval of such charter by the 
legislature, be made in duplicate and deposited, one 
in the office of the secretary of state and the other, 
after being recorded in the office of the recorder of 
the county in which such city is situated, shall be 
deposited in the archives of the city, and thereafter 
all courts shall take judicial notice of said charter. 

The charter, so ratified, may be amended by pro¬ 
posals therefor submitted by the council, or other 
legislative body of the city to the qualified electors 
thereof at a general or special municipal election 
held at intervals of not less than two years (except 
that charter amendments may be submitted at a 
general municipal election at an interval of less 
than two years after the last election on charter 
amendments, provided that no other election on 
charter amendments has been held since the begin¬ 
ning of the last regular session of the state legis¬ 
lature or shall be held prior to the next regular ses¬ 
sion of the state legislature), and held not less 
than twenty days, nor more than forty days, after 
the completion of the publication of such proposals 
for ten times in a daily newspaper of general circu¬ 
lation, printed, published and circulated in said 
city, or for three times in at least one weekly news¬ 
paper of general circulation, printed, published and 
circulated in said city, if there be no such daily 
newspaper. If a majority of such qualified electors 
voting thereon at such general or special election 
shall vote in favor of any such proposed amend¬ 
ment or amendments, or any amendment or amend¬ 
ments proposed by petition, as hereinafter pro¬ 
vided, such amendment or amendments shall be 
deemed to be ratified, and shall be forthwith sub¬ 
mitted to the legislature, if it be in regular session, 


ELECTION LAWS. 


31 


otherwise at its next regular session, or may be 
submitted to the legislature in extraordinary ses¬ 
sion, for approval or rejection as a whole, without 
power of alteration or amendment, and if approved 
by the legislature, as herein provided for the ap¬ 
proval of the charter, such charter shall be 
amended accordingly. A copy of such amendment 
or amendments shall, after the approval thereof by 
the legislature, be made in duplicate, and shall be 
authenticated, certified, recorded and filed as herein 
provided for the charter, and with like force and 
effect. Whenever a petition signed by fifteen per 
centum of the qualified electors of the city, com¬ 
puted upon the total number of votes cast therein 
for all candidates for governor at the last preced¬ 
ing general election at which a governor was 
olected, is filed in the office of the city clerk of said 
city, petitioning the council, or other legislative 
body thereof, to submit any proposed amendment 
or amendments to the charter of such city, which 
amendment or amendments shall be set forth in 
full in such petition, to the qualified electors there¬ 
of, such petition shall forthwith be examined and 
certified by tho city clerk, and if signed by the 
requisite number of qualified electors of said city, 
it shall be presented to the said council, or other 
legislative body, by the said city clerk, as herein¬ 
before provided for petitions for the election of 
boards of freeholders. Upon the presentation of 
said petition to said council, or other legislative 
body, said council, or other legislative body, must 
submit the amendment or amendments set forth in 
said petition to the qualified electors of said city, 
at a general or special municipal election, held not 
less than twenty, nor more than forty, days after 
the completion of the publication of such proposed 
amendment or amendments, in the same manner as 
hereinbefore provided in the case of the submission 
of any proposed amendment or amendments to such 
eharter, proposed and submitted by the council, or 
other legislative body. The first publication of any 
proposed amendment or amendments to such char- 


32 


ELECTION LAWS. 


ter so proposed by petition shall be made within 
fifteen days after the aforesaid presentation of said 
petition to said council, or other legislative body. 
In submitting any such charter, amendment or 
amendments thereto, any alternative article or 
proposition may be presented for the choice of the 
electors, and may be voted on separately without 
prejudice to others. 

Every special election held in any city under the 
provisions of this section, for the election of a 
board of freeholders, or for the submission of any 
proposed charter or any amendment or amendments 
thereto, shall be called by the council, or other 
legislative body thereof, by ordinance, which shall 
specify the purpose and time of such election, and 
shall establish the election precincts and designate 
the polling places therein, and the names of the 
election officers for each such precinct. Such ordi¬ 
nance shall, prior to such election, be published five 
times in a daily newspaper, or twice in a weekly 
newspaper, if there be no such daily newspaper 
printed, published and circulated in said city. Such 
election shall be held and conducted, the returns 
thereof canvassed, and the result thereof declared 
by the council, or other legislative body of such 
city, in the manner that is now or may be hereafter 
provided by general law for such elections in the 
particulars wherein such provision is now or may 
hereafter be made therefor, and in all other re¬ 
spects in the manner provided by law for general 
municipal elections, in so far as the same may be 
applicable thereto. 

Whenever any board of freeholders shall be 
elected, or any such proposed charter or amend¬ 
ment or amendments thereto shall be submitted at 
a general municipal election, the laws governing 
the election of city officers or the submission of 
propositions to the vote of electors, shall be fol¬ 
lowed in so far as the same may be applicable 
thereto and not inconsistent herewith. 

It shall be competent in any charter framed by 
any city under the authority given in this section, 


ELECTION LAWS. 


33 


or by amendment to such charter, to provide, in ad¬ 
dition to those provisions allowed by this constitu¬ 
tion and by the laws of the state, for the establish¬ 
ment of a borough system of government for the 
whole or any part oi the territory of such city, 
by which one or more districts may be created 
therein,' which districts shall be known as bor¬ 
oughs, and which shall exercise such special mu¬ 
nicipal powers as may be granted by such cnarter, 
and for the organization, regulation, government 
and jurisdiction of such boroughs. 

All the provisions of this section relating to the 
city clerk shall, in any city and county, be deemed 
to relate to the clerk of the legislative body 
thereof. [Amendment adopted October 10, 1911.] 

Municipal Charters, What to Contain. 

Sec. 8 l / 2 . It shall be competent, in all char¬ 
ters framed under the authority given by section 
eight of article eleven of this constitution, to pro¬ 
vide, in addition to those provisions allowable by 
this constitution and by the laws of the state, as 
follows: 

1. For the constitution, regulation, government, 
and jurisdiction of police courts, and for the man¬ 
ner in which, the times at which, and the terms for 
which the judges of such courts shall be elected or 
appointed, and for the qualifications and compensa¬ 
tion of said judges and of their clerks and at¬ 
taches. 

2. For the manner in which, the times at which, 
and the terms for which the members of boards of 
education shall be elected or appointed, for their 
qualifications, compensation and removal, and for 
the number which shall constitute any one of such 
boards. 

3. For the manner in which, the times at which, 
and the terms for which the members of the boards 
of police commissioners shall be elected or ap¬ 
pointed; and for the constitution, regulation, com¬ 
pensation, and government of such boards and of 
the municipal police force. 


34 


ELECTION LAWS. 


4. For the manner in which and the times at 
which any municipal election shall be held and the 
result thereof determined; for the manner in which, 
the times at which, and the terms for which the 
members of all boards of election shall be elected 
or appointed, and for the constitution, regulation, 
compensation and government of such boards, and 
of their clerks and attaches; and for all expenses 
incident to the holding of any election. 

Where a city and county government has been 
merged and consolidated into one municipal govern¬ 
ment, it shall also be competent, in any charter 
framed under said section eight of said article 
eleven, or by amendment thereto, to provide for 
the manner in which, the times at which and the 
terms for which the several county and municipal 
officers and employees whose compensation is paid 
by such city and county, excepting judges of the 
superior court, shall be elected or appointed, and 
for their recall and removal, and for their compen¬ 
sation, and for the number of deputies, clerks and 
other employees that each shall have, and for the 
compensation, method of appointment, qualifica¬ 
tions, tenure of office and removal of such deputies, 
clerks and other employees. All provisions of any 
charter of any such consolidated city and county 
heretofore adopted, and amendments thereto, which 
are in accordance herewith are hereby confirmed 
and declared valid. [Amendment adopted October 
10, 1911.] 


ARTICLE XII. 

Control of Public Utilities May Be Submitted to 
Electors. 

Sec. 23. Every private corporation, and every 
individual or association of individuals, owning, 
operating, managing, or controlling any commercial 
•railroad, interurban railroad, street railroad, canal, 
pipe line, plant, or equipment, or any part of such 
railroad, canal, pipe line, plant or equipment with¬ 
in this state, for the transportation or conveyance 


ELECTION LAWS. 


35 


of passengers, or express matter, or freight of any 
kind, including crude oil, or for the transmission 
of telephone or telegraph messages, or for the pro¬ 
duction, generation, transmission, delivery or fur¬ 
nishing of heat, light, water or power or for the 
furnishing of storage or wharfage facilities, either 
directly or indirectly, to or for the public, and 
every common carrier, is hereby declared to be a 
public utility subject to such control and regula¬ 
tion by the railroad commission as may be pro¬ 
vided by the legislature, and every class of private 
corporations, individuals, or associations of indi¬ 
viduals hereafter declared,by the legislature to be 
public utilities shall likewise be subject to such 
control and regulation. 

The railroad commission shall have and exercise 
such power and jurisdiction to supervise and regu¬ 
late public utilities, in the State of California, and 
to fix the rates to be charged for commodities fur¬ 
nished, or services rendered by public utilities as 
shall be conferred upon it by the legislature, and 
the right of the legislature to confer powers upon 
the railroad commission respecting public utilities 
is hereby declared to be plenary and to be unlim¬ 
ited by any provision of this constitution. 

From and after the passage by the legislature of 
laws conferring powers upon the railroad commis¬ 
sion respecting public utilities, all powers respect¬ 
ing such public utilities vested in boards of super¬ 
visors, or municipal councils, or other governing 
bodies of the several counties, cities and counties, 
cities and towns, in this state, or in any commis¬ 
sion created by law and existing at the time of the 
passage of such laws, shall cease so far as such 
powers shall conflict with the powers so conferred 
upon the railroad commission; provided, however, 
that this section shall not affect such powers of 
control over any public utility vested in any city 
and county, or incorporated city or town as, at an 
election to be held pursuant to laws to be passed 
hereafter by the legislature, a majority of the qual¬ 
ified electors voting thereon of such city and 


36 


ELECTION LAWS. 


county, or incorporated city or town, shall vote to 
retain, and until such election such powers shall 
continue unimpaired; but if the vote so taken shall 
not favor the continuation of such powers they 
shall thereafter vest in the railroad commission as 
provided by law; and provided, further that where 
any such city and county or incorporated city or 
town shall have elected to continue any powers re¬ 
specting public utilities, it may, by vote of a ma¬ 
jority of its qualified electors voting thereon, there¬ 
after surrender such powers to the railroad com¬ 
mission in the manner to be prescribed by the legis¬ 
lature; or if such municipal corporation shall have 
surrendered any powers to the railroad commission, 
it may, by like vote, thereafter reinvest itself with 
such power. 

Nothing in this section shall be construed as a 
limitation upon any power conferred upon the rail¬ 
road commission by any provision of this constitu¬ 
tion now existing or adopted concurrently here¬ 
with. [Amendment adopted October 10, 1911.] 


ARTICLE XX. 

Dueling. 

Sec. 2. Any citizen of this State who shall, after 
the adoption of this Constitution, fight a duel w'ith 
deadly weapons, or send or accept a challenge to 
fight a duel with deadly weapons, either within this 
State or out of it, or who shall act as second, or 
knowingly aid or assist in any manner those thus 
offending, shall not be allowed to hold any office of 
profit or to enjoy the right of suffrage under this 
Constitution. 

154 Cal. 281. 

Officers or Commissioners, Election or Appointment 
Of. 

Sec. 4. All officers or commissioners whose election 
or appointment is not provided for by this constitu¬ 
tion, and all officers or commissioners whose offices 


ELECTION LAWS. 


37 


or duties may hereafter be created by law, shall be 
elected by the people, or appointed, as the legisla¬ 
ture may direct. 

80 Cal. 234; 85 Cal. 410; 110 Cal. 451, 452; 143 
Cal. 414, 416. 


Bribery. 

Sec. 10. Every person shall be disqualified from 
holding any office of profit in this State who shall 
have been convicted of having given or offered a 
bribe to procure his election or appointment. 

154 Cal. 281. 

Right of Suffrage Shall Be Protected. 

Sec. 11. Laws shall be made to exclude from of¬ 
fice, serving on juries, and from the right of 
suffrage, persons convicted of bribery, perjury, for¬ 
gery, malfeasance in office, or other high crimes. 
The privilege of free suffrage shall be supported by 
laws regulating elections, and prohibiting, under 
adequate penalties, all undue influence thereon from 
power, bribery, tumult, or other improper practice. 

118 Cal. 489; 120 Cal. 375; 154 Cal. 281. 

Absence Does Not Affect Residence. 

See. 12. Absence from the State on business of 
the State, or of the United States, shall not affect 
the question of residence of any person. 

Plurality Elects. 

Sec. 13. A plurality of the votes given at any 
election shall constitute a choice, where not other¬ 
wise directed in this constitution, provided that it 
shall be competent in all charters of cities, counties 
or cities and counties framed under the authority 
of this constitution to provide the manner in which 
their respective elective officers may be elected and 
to prescribe a higher proportion of the vote there¬ 
for, and provided also that it shall be competent foi 
the legislature by general law to provide the man¬ 
ner in which officers of municipalities organized 


38 


ELECTION LAWS. 


or incorporated under general laws may be elected 
and to prescribe a higher proportion of the vote 
therefor. [Amendment adopted October 10, 1911.] 
143 Cal. 549; 7 Cal. App. 152. 


ARTICLE XXIII. 

RECALL OF PUBLIC OFFICIALS. 

Section 1. Every elective public officer of the 
State of California may be removed from office at 
any time by the electors entitled to vote for a suc¬ 
cessor of such incumbent, through the procedure 
and in the manner herein provided for, which pro¬ 
cedure shall be known as the recall, and is in addi¬ 
tion to any other method of removal provided by 
law. 

The procedure hereunder to effect the removal of 
an incumbent of an elective public office shall be as 
follows: A petition signed by electors entitled to 
vote for a successor of the incumbent sought to be 
removed, equal in number to at least twelve per 
cent of the entire vote cast at the last preceding 
election for all candidates for the office which the 
incumbent sought to be removed occupies (provided 
that if the officer sought to be removed is a state 
officer who is elected in any political subdivision of 
the state, said petition shall be signed by electors 
entitled to vote for a successor to the incumbent 
sought to bo removed, equal in number to at least 
twenty per cent of the entire vote cast at the last 
preceding election for all candidates for the office 
which the incumbent sought to be removed oc¬ 
cupies) demanding an election of a successor to the 
officer named in said petition, shall be addressed to 
the secretary of state and filed with the clerk, or 
registrar of voters, of the county or city and county 
in which the petition was circulated; provided that 
if the officer sought to be removed was elected in 
the state at large such petition shall be circulated 
in not less than five counties of the state, and shall 
be signed in each of such counties by electors equal 



ELECTION LAWS. 


39 

in number to not less than one per cent of the en¬ 
tire vote cast, in each of said counties, at said elec¬ 
tion, as above estimated. Such petition shall con¬ 
tain a general statement of the grounds on which 
the removal is sought, which statement is intended 
solely for the information of the electors, and the 
sufficiency of which shall not be open to review. 

When such petition is certified as is herein pro¬ 
vided to the secretary of state, he shall forthwith 
submit the said petition, together with a certificate 
of its sufficiency, to the governor, who shall there¬ 
upon order and fix a date for holding the election, 
not less than sixty days nor more than eighty days 
from the date of such certificate of the secretary 
of state. 

The governor shall make or cause to be made 
publication of notice for the holding of such elec¬ 
tion, and officers charged by law with duties con¬ 
cerning elections shall make all arrangements for 
such election and the same shall be conducted, re¬ 
turned, and the result thereof declared, in all re¬ 
spects as are other state elections. On the official 
ballot at such election shall be printed, in not more 
than two hundred words, the reasons set forth in the 
petition for demanding his recall. And in not more 
than three hundred words there shall also be printed, 
if desired by him, the officer’s justification of his 
course in office. Proceedings for the recall of any 
officer shall be deemed to be pending from the date 
of the filing with any county, or city and county 
clerk, or registrar of voters, of any recall petition 
against such officer; and if such officer shall resign 
at any time subsequent to the filing thereof, the 
recall election shall be held notwithstanding such 
resignation, and the vacancy caused by such resigna¬ 
tion, or from any other cause, shall be filled as pro¬ 
vided by law, but the person appointed to fill such 
vacancy shall hold his office only until the person 
elected at the said recall election shall qualify. 

Any person may be nominated for the office which 
is to be filled at any recall election by a petition 
signed by electors, qualified to vote at such recall 


40 


ELECTION LAWS. 


election, equal in number to at least one per cent 
of the total number of votes cast at the last preced¬ 
ing election for all candidates for the office which 
the incumbent sought to be removed occupies. Each 
such nominating petition shall be filed with the sec¬ 
retary of state not less than twenty-five days before 
such recall election. 

There shall be printed on the recall ballot, as to 
every officer whose recall is to be voted on thereat, 
the following question: “Shall (name of person 
against whom the recall petition is filed) be recalled 
from the office of (title of the office) ? M , following 
which question shall be the words “Yes ,; and 
“No” on separate lines, with a blank space at the 
right of each, in which the voter shall indicate, by 
stamping a cross (X), his vote for or against such 
recall. On such ballots, under each such question, 
there shall also be printed the names of those per¬ 
sons who have been nominated as candidates to 
succeed the person recalled, in case he shall be re¬ 
moved from office by said recall election; but no 
vote cast shall be counted for any candidate for 
said office unless the voter also voted on said ques¬ 
tion of the recall of the persoc. sought to be recalled 
from said office. The name of the person against 
whom the petition is filed shall not appear on the 
ballot as a candidate for the office. If a majority 
of those voting on said question of the recall of 
any incumbent from office shall vote “No,” said 
incumbent shall continue in said office. If a ma¬ 
jority shall vote “Yes, ” said incumbent shall 
thereupon be deemed removed from such office, 
upon the qualification of his successor. The can¬ 
vassers shall canvass all votes for candidates for 
said office and declare the result in like manner 
as in a regular election. If the vote at any such 
recall election shall recall the officer, then the 
candidate who has received the highest number of 
votes for the office shall be thereby declared 
elected, for the remainder of the term. In case 
the person who received the highest number of 
votes shall fail to qualify within ten days after 


ELECTION LAWS. 


41 


receiving the certificate of election, the office shall 
be deemed vacant and shall be filled according to 
law. 

Any recall petition may be presented in sec¬ 
tions, but each section shall contain a full and 
accurate copy of the title and text of the petition. 
Each signer shall add to his signature his place of 
residence, giving the street and number, if such 
exist. His election precinct shall also appear on 
the paper after his name. The number of signa¬ 
tures appended to each section shall be at the 
pleasure of the person soliciting signatures to the 
same. Any qualified elector of the state shall be 
competent to solicit such signatures within the 
county, or city and county, of which he is an elec¬ 
tor. Each section of the petition shall bear the 
name of the county, or city and county in which it 
is circulated, and only qualified electors of such 
county or city and county shall be competent to 
sign such section. Each section shall have at¬ 
tached thereto the affidavit of the person soliciting 
signatures to the same stating his qualifications 
and that all the signatures to the attached section 
were made in his presence and that to the best of 
his knowledge and belief each signature to the 
section is the genuine signature of the person whose 
name it purports to be; and no other affidavit there¬ 
to shall be required. The affidavit of any person 
soliciting signatures hereunder shall be verified free 
of charge by any officer authorized to administer an 
oath. Such petition so verified shall be prima 
facie evidence that the signatures thereto ap¬ 
pended are genuine and that the persons signing 
the same are qualified electors. Unless and until 
it is otherwise proven upon official investigation, 
it shall be presumed that the petition presented 
contains the signatures of the requisite number of 
electors. Each section of the petition shall be 
filed with the clerk, or registrar of voters, of the 
county or city and county in which it was circu¬ 
lated; but all such sections circulated in any county 
or city and county shall be filed at the same time. 


42 


ELECTION LAWS. 


Within twenty days after the date of filing such 
petition, the clerk, or registrar of voters, shall 
finally determine from the records of registration 
what number of qualified electors have signed the 
same; and, if necessary, the board of supervisors 
shall allow such clerk or registrar additional as¬ 
sistants for the purpose of examining such petition 
and provide for their compensation. The said 
clerk or registrar, upon the completion of such ex¬ 
amination, shall forthwith attach to such petition 
his certificate, properly dated, showing the result 
of such examination, and submit said petition, ex¬ 
cept as to the signatures appended thereto, to the 
secretary of state and file a copy of said certificate 
in his office. Within forty days from the trans¬ 
mission of the said petition and certificate by the 
clerk or registrar of voters to the secretary of 
state, a supplemental petition, identical with the 
original as to the body of the petition but contain¬ 
ing supplemental names, may be filed with the 
clerk or registrar of voters, as aforesaid. The clerk 
or registrar of voters shall within ten days after 
the filing of such supplemental petition make like 
examination thereof as of the original petition, 
and upon the conclusion of such examination shall 
forthwith attach to such petition his certificate, 
properly dated, showing the result of such examin¬ 
ation, and shall forthwith transmit such supple¬ 
mental petition, except as to the signatures thereon, 
together with his said certificate, to the secretary 
of state. 

When the secretary of state shall have received 
from one or more county clerks, or registrars of 
voters, a petition certified as herein provided to 
have been signed by the requisite number of quali¬ 
fied electors, he shall forthwith transmit to the 
county clerk or registrar of voters of every county 
or city and county in the state a certificate show¬ 
ing such fact; and such clerk or registrar of 
voters shall thereupon file said certificate for 
record in his office. 

A petition shall be deemed to be filed with the 


ELECTION LAWS. 


43 


secretary of state upon the date of the receipt by 
him of a certificate or certificates showing the said 
petition to be signed by the requisite number of 
electors of the state. 

No recall petition shall be circulated or filed 
against any officer until he has actually held his 
office for at least six months; save and except it 
may be filed against any member of the state legis¬ 
lature at any time after five days from the conven¬ 
ing and organizing of the legislature after his elec¬ 
tion. 

If at any recall election the incumbent whose 
removal is sought is not recalled, he shall be repaid 
from the state treasury any amount legally ex¬ 
pended by him as expenses of such election, and 
the legislature shall provide appropriation for such 
purpose, and no proceedings for another recall 
election of said incumbent shall be initiated within 
six months after such election. 

If the' governor is sought to be removed under 
the provisions of this article, the duties herein im¬ 
posed upon him shall be performed by the lieuten¬ 
ant governor; and if the secretary of state is 
sought to be removed, the duties herein imposed 
upon him shall be performed by the state con¬ 
troller; and the duties herein imposed upon the 
clerk or registrar of voters, shall be performed by 
such registrar of voters in all cases where the office 
of registrar of voters exists. 

The recall shall also be exercised by the electors 
of each county, city and county, city and town of 
the state, with reference to the elective officers 
thereof, under such procedure as shall be provided 
by law. 

Until otherwise provided by law, the legislative 
body of any such county, city and county, city or 
town may provide for the manner of exercising 
such recall powers in such counties, cities and 
counties, cities and towns, but shall not require 
any such recall petition to be signed by electors 
more in number than twenty-five per cent of the 


44 


ELECTION LAWS. 


entire vote cast at the last preceding election for 
all candidates for the office which the incumbent 
sought to be removed occupies. Nothing herein 
contained shall be construed as affecting or limit¬ 
ing the present or future powers of cities or coun¬ 
ties or cities and counties having charters adopted 
under the authority given by the constitution. 

In the submission to the electors of any petition 
proposed under this article all officers shall be 
guided by the general laws of the state, except as 
otherwise herein provided. 

This article is self-executing, but legislation may 
be enacted to facilitate its operation, but in no 
way limiting or restricting the provisions of this 
article or the powers herein reserved. [New article 
adopted October 10, 1911.] 


ELECTION LAWS 


45- 


CHAPTER IV. 

SECTIONS OF THE POLITICAL CODE RELAT¬ 
ING TO ELECTIONS. 

Who Are the People. 

50. The people, as a political body, consist: 

1. Of citizens who are electors. 

2. Of citizens not electors. 

66 Cal. 44. 

Citizens Defined. 

51. The citizens of the State are: 

1. All persons born in this State and residing 
within it, except the children of transient aliens 
and of alien public Ministers and Consuls. 

2. All persons born out of this State who are citi¬ 
zens of the United States and residing within this 
State. 

66 Cal. 44. 

Residence, How Determined. 

52. Every person has, in law, a residence. In de¬ 
termining the place of residence the following rules 
are to be observed: 

1. It is the place where one remains when not 
called elsewhere for labor or other special or tempo¬ 
rary purpose, and to which he returns in seasons of 
repose. 

2. There can only be one residence. 

3. A residence cannot be lost until another is 
gained. 

4. The residence of the father during his life, and 
after his death the residence of the mother, while 
she remains unmarried, is the residence of the un¬ 
married minor child. 

5. The residence of the husband is the residence 
of the wife. 

6. The residence of an unmarried minor who has 
a parent living cannot be changed by either his own 
act or that of his guardian. 


46 


ELECTION LAWS. 


7. The residence can be changed only by the 
union of act and intent. 

82 Cal. 634; 104 Cal. 625; 120 Cal. 638; 137 
Cal. 427; 145 Cal. 690; (subd. 3) 145 Cal. 
328; (subd. 4) 92 Cal. 198; 131 Cal. 182. 

Who Are Not Citizens. 

57. Persons in the State not its citizens are 
either: 

1. Citizens of other States; or, 

2. Aliens. 

Eligibility to Office. 

58. Every elector is eligible to the office for which 
he is an elector, except where otherwise specially 
provided; and no person is eligible who is not such 
an elector. 

154 Cal. 281. 

Eights and Duties of Electors and Other Citizens. 

59. An elector has no rights or duties beyond 
those of a citizen not an elector, except the right 
and duty of holding and electing to office. 

Rights and Duties of United States Citizens. 

60. A citizen of the United States, who is not a 
citizen of this State, has the same rights and duties 
as a citizen of this State not an elector. 

66 Cal. 44. 


STATE LEGISLATIVE DISTRICTS. 

Senatorial Districts. 

78. The State is divided into forty senatorial dis¬ 
tricts, which shall be designated and constituted as 
follows: 

1. The counties of Del Norte, Humboldt, Trinity 
and Tehama shall constitute the first senatorial dis¬ 
trict. 

2. The counties of Modoc, Siskiyou, Shasta and 
Lassen shall constitute the second senatorial dis¬ 
trict. 


ELECTION LAWS. 


47 


3. The counties of Plumas, Sierra, Nevada, Placer 
and El Dorado shall constitute the third senatorial 
district. 

4. The counties of Mendocino, Colusa, Lake and 
Glenn shall constitute the fourth senatorial district, 

5. The counties of Napa and Solano shall consti¬ 
tute the fifth senatorial district. 

6. The counties of Butte, Yuba, Sutter and Yolo 
shall constitute the sixth senatorial district. 

7. The county of Sacramento shall constitute the 
seventh senatorial district. 

. 8. The county of Sonoma shall constitute the 
eighth senatorial district. 

9. The counties of Marin and Contra Costa shall 
constitute the ninth senatorial district. 

10. The counties of San Joaquin and Amador 
shall constitute the tenth senatorial district. 

11. The counties of San .Mateo, San Benito and 
Santa Cruz shall constitute the eleventh senatorial 
district. 

12. The counties of Tuolumne, Mariposa, Stanis¬ 
laus, Merced, Alpine, Mono, Madera and Calaveras- 
shall constitute the twelfth senatorial district. 

13. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the line dividing Oakland and Brooklyn 
townships intersects the northeasterly boundary line 
of the county of Alameda; thence southwesterly 
along said dividing line to the northeasterly bound¬ 
ary line of the city of Piedmont; thence southeast¬ 
erly and southerly following the northern and east¬ 
ern boundary line of the city of Piedmont to the 
southeasterly corner thereof; thence southwesterly 
along Thirteenth avenue to the center line of Four¬ 
teenth avenue; thence southerly along the center 
line of Fourteenth avenue to the center line of 
Lincoln street; thence easterly along the center line 
of Lincoln or East Thirty-first street to the center 
line of Twenty-third avenue; thence southerly along 
the center line of Twenty-third avenue to the center 
line of Sherman street, otherwise known as the old 


48 


ELECTION LAWS. 


County Road; thence easterly along said old County 
Road to the center line of High street; thence east¬ 
erly along center line of the Foothill Road, or 
County Road No. 3358, to the center line of Grand, 
or Ninetieth avenue; thence southwesterly along 
said line of Ninetieth avenue, crossing East Four¬ 
teenth street to the center line of “B M , or Second 
street; thence easterly along said “B” street to the 
center line of Jones, or Ninety-eighth avenue; 
thence southerly along the center line of Jones, or 
Ninety-eighth avenue, to the center line of County 
Road No. 1995; thence southerly along the center 
line of County Road No. 1995 to the line dividing 
Brooklyn and Eden townships; thence westerly along 
said township line to the line dividing Brooklyn 
and Alameda townships; thence southerly and west¬ 
erly along the boundary line of Alameda township 
to the westerly boundary line of Alameda county; 
thence southerly along said westerly boundary line 
to its intersection with the northerly boundary line 
of Santa Clara county; thence easterly along the 
boundary line dividing Alameda and Santa Clara 
counties to a point which is the intersection of the 
boundary lines of the counties of Alameda, Santa 
Clara, Stanislaus and San Joaquin; thence north¬ 
westerly and northerly along the boundary line be¬ 
tween the counties of Alameda and San Joaquin to a 
point where the boundary line dividing the counties 
of Alameda and Contra Costa intersects the westerly 
boundary line of the county of San Joaquin; thence 
in a southwesterly and northwesterly direction along 
the boundary line between the counties of Alameda 
and Contra Costa to the point of beginning, shall 
constitute the thirteenth senatorial district. 

14. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the westerly boundary line of the county of 
Alameda is intersected by the line dividing Oak¬ 
land and Alameda townships; thence easterly along 
said dividing line to a point in Oakland harbor 
where said line is intersected by the line dividing 


ELECTION LAWS. 


49 


Oakland and Brooklyn townships; thence northerly 
along the westerly boundary line of Brooklyn town¬ 
ship, passing through the easterly arm of Lake 
Merritt and up Indian Gulch to the northeasterly 
boundary line of East Oakland Heights; thence 
southeasterly along said last boundary lino to the 
center of Thirteenth avenue; thence northeasterly 
along center line of Thirteenth avenue, or County 
Road to Moraga Valley, to the center line of Four¬ 
teenth avenue; thence southerly along the center 
line of Fourteenth avenue to the center line of Lin¬ 
coln street; thence easterly along the center line of 
Lincoln, or East Thirty-first street, to the center line 
of Twenty-third avenue; thence southerly along the 
center line of Twenty-third avenue to the center line 
of Sherman street, otherwise known as old County 
Road; thence easterly along said old County Road 
to the center line of High street; thence along the 
center line of Foothill Road, or County Road No. 
3358, to the center line of Grand, or Ninetieth ave¬ 
nue; thence southerly along said line of Ninetieth 
avenue, crossing East Fourteenth street to “B”, 
or Second street; thence easterly along said “B” 
street to the center line of Jones, or Ninety-eighth 
avenue; thence southerly along the center line of 
Jones, or Ninety-eighth avenue, to the center line 
of County Road No. 1995; thence southerly along 
center line of County Road No. 1995 to the line 
dividing Brooklyn and Eden townships; thence west¬ 
erly along said township line to the line dividing 
Brooklyn and Alameda townships; thence southerly 
and westerly along the boundary line of Alameda 
township to the westerly boundary line of Alameda 
county; thence northwesterly along the westerly 
county boundary line to the southerly boundary line 
of Oakland township and the point of beginning, 
shall constitute the fourteenth senatorial district. 

15. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the northern boundary line of the city of 
Berkeley intersects the northeasterly boundary line 
of the county of Alameda; thence westerly along 


50 


ELECTION LAWS. 


said northern boundary line of the city of Berkeley 
to a point where the same is coincident with the 
center line of Eunice street; thence westerly along 
the center line of Eunice street to the center line 
of Milvia street; thence southerly along the center 
line of Milvia street to the center line of Adeline 
street; thence southerly along the center line of 
Adeline street to the northerly boundary line of the 
town of Emeryville; thence easterly, southerly and 
westerly following the boundary line of the town of 
Emeryville to the center line of San Pablo avenue; 
thence southerly along the center line of San Pablo 
avenue to the center line of Broadway; thence 
southerly along the center line of Broadway to the 
northern boundary line of Alameda township; 
thence easterly along the northern boundary line of 
Alameda township to the westerly line of Brooklyn 
township, the same being a point in Oakland harbor; 
thence northerly along the westerly boundary line 
of Brooklyn township, passing through the easterly 
arm of Lake Merritt and up Indian Gulch to the 
northeasterly boundary line of East Oakland Heights; 
thence southeasterly along last said boundary line 
to the center line of Thirteenth avenue; thence 
northeasterly along the center line of Thirteenth 
avenue, or County Road to Moraga Valley, to the 
southeastern corner of the city of Piedmont; thence 
northerly and westerly following the easterly and 
northerly boundary lines of the city of Piedmont 
to the line dividing Brooklyn and Oakland town¬ 
ships; thence northeasterly along the last said town¬ 
ship line to the boundary line of Alameda county; 
thence northwesterly along the county boundary 
line to the point of beginning, shall constitute the 
fifteenth senatorial district. 

16. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the northerly boundary line of the city of 
Berkeley intersects the northeasterly boundary line 
of the county of Alameda; thence westerly along 
said northern boundary line of the city of Berkeley 


ELECTION LAWS. 


53 


to a point where the same is coincident with the 
center line of Eunice street; thence westerly along 
the center line of Eunice street to the center line of 
Milvia street; thence southerly along the center line 
of Milvia street to the center line of Adeline street; 
thence southerly along the center line of Adeline 
street to the northerly boundary line' of the town of 
Emeryville; thence easterly, southerly and westerly, 
following the boundary line of the town of Emery¬ 
ville to the center line of San Pablo avenue; thence 
southerly along the center line of San Pablo avenue 
to the center line of Broadway; thence southerly 
along the center line of Broadway to the northern 
boundary line of Alameda township; thence westerly 
along the line dividing Alameda and Oakland town¬ 
ships to the western boundary line of the county of 
Alameda; thence northerly along the said county 
boundary line to the northern boundary line of the 
county of Alameda; thence easterly following the 
northern boundary line of the county of Alameda to 
the point of beginning, shall constitute the sixteenth 
senatorial district. 

17. The counties of Monterey and San Luis Obispo 
shall constitute the seventeenth senatorial district. 

18. All that portion of the city and county of San 
Francisco described as follows: Commencing at the 
point of intersection of Van Ness avenue and Market 
street, continuing thence along the center line of 
the following named streets, to wit: Market to the 
waters of the Bay of San Francisco; thence along 
the shore line northerly to Filbert street, Filbert to 
Leavenworth, Leavenworth to Broadway, Broadway 
to Van Ness avenue, Van Ness avenue to Market 
street, the place of beginning, together with all the 
waters of the Bay of San Francisco and the islands 
contained therein, situated within the boundaries 
of the city and county of San Francisco, shall con¬ 
stitute the eighteenth senatorial district. 

19. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of Maple and California streets, 


52 


ELECTION LAWS. 


continuing thence along the center line of the fol¬ 
lowing named streets: California to Baker, Baker 
to Pine, Pine to Laguna, Laguna to Sutter, Sutter 
to Van Ness avenue, Van Ness avenue to Broadway, 
Broadway to Leavenworth, Leavenworth to Filbert, 
Filbert to the waters of the Bay of San Francisco; 
thence along the shore line of said bay northerly 
and westerly to the waters of the Pacific ocean; 
thence along said shore line to Lobos creek where the 
same enters into the Pacific ocean; thence along the 
line of said creek and the southerly boundary line 
of the Presidio Reservation to Maple street, Maple 
to California, the place of beginning, shall constitute 
the nineteenth senatorial district. 

20. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
intersection of Pine and Laguna streets, continuing 
thence along the center line of the following named 
streets: Laguna to O’Farrell, O’Farrell street to 
St. Joseph avenue, St. Joseph avenue to Turk, Turk 
to Baker, Baker to Oak street, Oak street to Cen¬ 
tral avenue, Central avenue to Buena Vista avenue, 
Buena Vista avenue to Frederick street, Frederick to 
Clayton, Clayton street to Clarendon avenue, Claren¬ 
don avenue to Burnett avenue, Burnett avenue to 
Palo Alto avenue, Palo Alto avenue to the easterly 
line of the San Miguel rancho; thence along said 
line northerly to a point opposite Seventeenth street; 
thence along said line of Seventeenth street, if 
extended, to Kirkham street, Kirkham street to 
Locksley avenue, Locksley avenue to the westerly 
line of San Miguel rancho; thence along said line 
to Corbett avenue and Sloat boulevard; thence along 
said line of the Sloat boulevard to the waters of 
the Pacific ocean; thence along the shore line of 
said ocean northerly and easterly to Lobos creek; 
thence along the line of said week and the south¬ 
erly boundary line of the Presidio Reservation to 
Maple street, Maple to California, California to 
Baker, Baker to Pine, Pine to Laguna, the place 
of beginning, together with the islands known as 


ELECTION LAWS. 


53 


the Farallon Islands, shall constitute the twentieth 
senatorial district. 

21. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of the center line of Twenty- 
first street with the center line of Dolores street; 
thence along the center line of the following named 
streets, to wit: Twenty-first street to San Carlos 
street, San Carlos street to Eighteenth street, Eigh¬ 
teenth street to Shotwell street, Shotwell street to 
Twenty-first street, Twenty-first street to Bryant 
avenue, Bryant avenue to Army street, Army street 
to Mission street, Mission street to Twenty-ninth 
street, Twenty-ninth street to Dolores street, Dolores 
street to point of beginning; and all that portion of 
the city and county of San Francisco bounded as 
follows: Commencing at the point of intersection 
of Oak and Fillmore streets; thence along the center 
line of the following named streets: Fillmore street 
to Duboce avenue, Duboce avenue to Church street, 
Church street to Twenty-first street, Twenty-first 
street to Dolores street, Dolores street to Twenty- 
second street, Twenty-second street to Grand View 
avenue, Grand View avenue to Dixie alley, Dixie 
alley to Burnett avenue, Burnett avenue to Corbett 
avenue, Corbett avenue to the westerly boundary 
line of the San Miguel rancho; thence along the line 
of said San Miguel rancho northeasterly to Locksley 
avenue, Locksley avenue to Kirkham street; thence 
along the line of Kirkham street, if extended, east¬ 
erly to a point in the easterly boundary line of the 
San Miguel rancho opposite Seventeenth street; 
thence along said line southerly to Palo Alto avenue, 
Palo Alto avenue to Burnett avenue, Burnett avenue 
to Clarendon avenue, Clarendon avenue to Clayton 
street, Clayton street to Frederick street, Frederick 
street to Buena Vista avenue, Buena Vista avenue 
to Central avenue, Central avenue to Oak street, 
Oak street to Fillmore street, the place of beginning, 
and the following described portions of the city 
and county of San Francisco, to wit: Commencing 


54 


ELECTION LAWS. 


at the point of intersection of the center line of 
Bryant avenue with the center line of Twenty-first 
street; thence along the center line of the following 
named streets, to wit: Bryant avenue to Army 
street, Army street to Connecticut street, Connecti¬ 
cut street to Twentieth street, Twentieth street to 
Bryant avenue, Bryant avenue to the point of begin¬ 
ning, shall constitute the twenty-first senatorial dis¬ 
trict. 

22. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
intersection of Twenty-first street and Bryant ave¬ 
nue, continuing thence along the center line of the 
following named streets: Bryant avenue to Eleventh 
street, Eleventh to Market, Market street to Van 
Ness avenue, Van Ness avenue to Sutter street, Sut¬ 
ter street to Laguna, Laguna to O’Farrell, O’Farrell 
street to St. Joseph avenue, St. Joseph avenue to 
Turk street, Turk to Baker, Baker to Oak, Oak to 
Fillmore, Fillmore to Duboce avenue, Duboce avenue 
to Church street, Church street to Twenty-first street, 
Twenty-first street to San Carlos street, San Carlos 
street to Eighteenth street, Eighteenth street to 
Shotwell street, Shotwell street to Twentv-first 
street, Twenty-first street to Bryant avenue, the 
place of beginning, shall constitute the twenty- 
second senatorial district. 

23. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of the center line of Market 
street with the center line of Eleventh street; thence 
along the center line of the following named streets, 
to wit: Eleventh street to Bryant avenue, Bryant 
avenue to Twentieth street, Twentieth street to the 
Bay of San Francisco; thence northerly along the 
shore line of said bay to its intersection with the 
center line of Market street; thence along the center 
line of Market street to the point of beginning, and 
the following described portion of the city -and 
county of San Francisco: Commencing at the point 
of intersection of the center line of Twentieth street 


ELECTION LAWS. 


55 


with the center line of Connecticut street; thence 
along the center line of the following named streets, 
to wit: Connecticut street to Army street, Army 
street to San Bruno avenue, San Bruno avenue to 
the boundary line between the city and county of 
San Francisco and the county of San Mateo; thence 
easterly along said boundary line to the shore line 
of the Bay of San Francisco; thence northerly along 
said shore line to its intersection with the center line 
of Twentieth street; thence along the center line 
of Twentieth street to the point of .beginning, shall 
constitute the twenty-third senatorial district. 

24. All that portion of the city and county of San 
Francisco bounded as follows: Commencing at the 
point of intersection of Dolores and Twenty-ninth 
streets; thence along the center line of the follow¬ 
ing named streets, to wit: Twenty-ninth to Mission, 
Mission to Army, Army to San Bruno avenue, San 
Bruno avenue to the boundary line dividing the city 
and county of San Francisco and the county of San 
Mateo; thence along said boundary line westerly to 
San Jose avenue, San Jose avenue to Dolores street, 
Dolores street to Twenty-ninth street, the place of 
beginning; and all that portion of the city and 
county of San Francisco bounded as follows: Com¬ 
mencing at the point of intersection of Twenty- 
second and Dolores streets; thence along the center 
line of the following named streets: Dolores street 
to San Jose avenue, San Jose avenue to the bound¬ 
ary line dividing the city and county of San Fran¬ 
cisco and the county of San Mateo; thence along 
said boundary line westerly to the intersection of 
the waters of the Pacific ocean; thence along the 
shore line of said ocean northerly to the Sloat boule¬ 
vard; thence along Sloat boulevard to Corbett ave¬ 
nue, Corbett avenue to Burnett avenue, Buruett 
avenue to Dixie alley, Dixie alley to Grand View 
avenue, Grand View avenue to Twenty-second street, 
Twenty-second to Dolores street, the place of begin¬ 
ning, shall constitute the tw T enty-fourth senatorial 
district. 


56 


ELECTION LAWS. 


25. The counties of Ventura and Santa Barbara 
shall constitute the twenty-fifth senatorial district. 

26. The county of Fresno shall constitute the 
twenty-sixth senatorial district. 

27. All that portion of the county of Santa Clara 
not included in the twenty-eighth senatorial district, 
as designated and constituted by this section, shall 
constitute the twenty-seventh senatorial district. 

28. All that portion of the county of Santa Clara em¬ 
braced within the following precincts, as constituted 
at the general election in nineteen hundred ten, to 
wit: Agnews, that part of Alameda precinct lying 
north of the center line of Park avenue, Alviso, 
Berryessa, Burbank, that part of Crandalville pre¬ 
cinct number one lying outside of the city limits 
of the city of San Jose, as established in 1911, 
Cupertino, East San Jose number two, Fremont, 
Jefferson, Mayfield, Milpitas numbers one and two, 
Mountain View numbers one and two, Mount Ham¬ 
ilton, Orchard, Palo Alto numbers one, two, three, 
four and five, Purissima, San Jose numbers one, two, 
three, four, five, six, seven, eight, nine, ten, eleven 
and twelve, Santa Clara numbers one, two, three 
and four, Saratoga, Stanford, Stockton, Sunnyvale 
numbers one and two and University numbers one 
and two, shall constitute the twenty-eighth sena¬ 
torial district. 

29. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of the north patent boundary line of the city of 
Los Angeles with the center line of the Los Angeles 
river; thence southeasterly and southerly along the 
center line of the Los Angeles river and the center 
line of the official bed of the Los Angeles river to its 
intersection with the center line of North Broadway 
from the east; thence along the center line of the 
following named streets, to wit: North Broadway 
to Daly street, Daly street to Mission road, Mission 
road to Gallardo street, Gallardo street to Macy 
street, Macy street to Brooklyn avenue, Brooklyn 
avenue to Pleasant avenue, Pleasant avenue to First 


ELECTION LAWS. 


57 


street, First street to Pecan street, Pecan street to 
Fifth street, Fifth street to Gless street, Gless street 
to Sixth street, Sixth street and its extension west¬ 
erly along the line of assembly district number 
sixty-five, as designated and constituted by section 
ninety of this code, to the center line of the official 
bed of the Los Angeles river; thence southerly along 
the line last mentioned and the prolongation thereof 
to the south boundary line of the city of Los 
Angeles; thence westerly along the line last men¬ 
tioned to the center line of Alameda street, Alameda 
street to Twentieth street, Twentieth street to 
Compton avenue, Compton avenue to Twenty-first 
street, Twenty-first street to Central avenue, Cen¬ 
tral avenue to Twenty-first street from the west, 
Twenty-first street to Maple avenue, Maple avenue 
to Eleventh street, Eleventh street to Wall street, 
Wall street to Fifth street, Fifth street to Hill 
street, Hill street to Temple street, Temple street 
to Hill street, Hill street to Sunset boulevard, Sunset 
boulevard to Hill street, Hill street to Alpine street, 
Alpine street to Cleveland street, Cleveland street 
to College street, College street to Adobe street, 
Adobe street to Look Out drive, Look Out drive to 
Park Terrace, Park Terrace to Sunset boulevard, 
Sunset boulevard to Echo Park avenue, Echo Park 
avenue and the prolongation thereof to the north 
patent boundary of the city of Los Angeles; thence 
easterly along the line last mentioned to the place 
of beginning, shall constitute the twenty-ninth sena¬ 
torial district. 

30. The counties of San Bernardino and Inyo shall 
constitute the thirtieth senatorial district. 

31. All that portion of the county of Los Angeles 
embraced within and comprising the seventy-first 
and seventy-second assembly districts, as designated 
and constituted by section ninety of this code, shall 
constitute the thirty-first senatorial district. 

32. The counties of Kings, Tulare and Kern shall 
constitute the thirty-second senatorial district. 


58 


ELECTION LAWS. 


33. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-eighth and 
seventieth assembly districts, as designated and con¬ 
stituted by section ninety of this code, shall con¬ 
stitute the thirty-third senatorial district. 

34. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-second 
assembly district, as designated and constituted by 
section ninety of this code and all that portion of 
said county bounded as follows: Commencing at the 
intersection of the center line of Washington street 
and Hoover street, in the city of Los Angeles; 
thence along the center line of the following named 
streets, to wit: Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Caronde- 
let street, Carondelet street to Ninth street, Ninth 
street to Hoover street, Hoover street to Seventh 
street, Seventh street to Vermont avenue, Vermont 
avenue to Melrose avenue, Melrose avenue to the 
west patent boundary line of said city; thence north 
along said patent boundary line to the northwest 
corner of said city as described in the United States 
patent; thence east along the north patent bound¬ 
ary of said city to the easterly line of that portion 
of Tropico precinct number two annexed to said 
city prior to November 1, 1911; thence northwest¬ 
erly, westerly and southerly following the exterior 
lines of those portions of Tropico precinct numbers 
one and two, and of Ivanhoe precinct so annexed 
to said city, to the north line of the former city 
of Hollywood, the same being a point in the present 
north boundary line of the city of Los Angeles; 
thence following the boundary line of said city of 
Los Angeles westerly, southerly, westerly, southerly, 
westerly, southerly, easterly, southerly, easterly and 
southerly to the center line of Washington street; 
thence east along said center line to the point of 
beginning, shall constitute the thirty-fourth sena¬ 
torial district. 

35. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-sixth and 


ELECTION LAWS. 


59 


sixty-ninth assembly districts, as designated and 
constituted by section ninety of this code, shall con¬ 
stitute the thirty-fifth senatorial district. 

06. All that portion of the county of Los Angeles 
embraced within and comprising the sixty-seventh 
assembly district as designated and constituted by 
section ninety of this code, and all that portion 
of said county embraced within and comprising 
the sixty-first assembly district, as so designated and 
constituted, excepting therefrom that portion of said 
sixty-first assembly district situate within the city 
of Los Angeles and lying west of the following 
described lines, to wit: Beginning at the intersect 
tion of the north patent boundary line of said city 
with the center line of the Los Angeles river; thence 
southeasterly and southerly along the center line of 
the Los Angelos river and the center line of the 
official bed of the Los Angeles river to its intersec¬ 
tion with the center line of North Broadway from 
the east, shall constitute the thirty-sixth senatorial 
district. 

37. All that portion of the county of Los Angeles 
described as follows: Beginning at the intersection 
of the center lines of Wall street and Fifth street, 
in the city of Los Angeles; thence along the center 
line of the following named streets, to wit: Fifth 
street to Hill street, Hill street to Temple street, 
Temple street to Hill street, Hill street to Sunset 
boulevard, Sunset boulevard to Hill street, Hill 
street to Alpine street, Alpine street to Cleveland 
street, Cleveland street to College street, College 
street to Adobe street, Adobe street to Look Out 
Drive, Look Out Drive to Park Terrace, Park Ter¬ 
race to Sunset boulevard, Sunset boulevard to Echo 
Park avenue, Echo Park avenue and the prolonga¬ 
tion thereof to the north patent boundary line of 
the city of Los Angeles; thence west along said 
boundary line to the northwest corner of said city 
as described in the United States patent; thence 
south along the west patent boundary line of said 
city to the center line of Melrose avenue; thence 


60 


ELECTION LAWS. 


along the center line of the following named streets, 
to wit: Melrose avenue to Vermont avenue, Vermont 
avenue to Seventh street, Seventh street to Hoover 
street, Hoover street to Ninth street, Ninth street 
to Blaine street, Blaine street to Tenth street, 
Tenth street to Georgia street, Georgia street to 
Ottawa street, Ottawa street to Eigueroa street 
Figueroa street to Eleventh street, Eleventh street 
to Wall street, Wall street to Fifth street, the place 
of beginning, shall constitute the thirty-seventh 
senatorial district. 

38. All that portion of the county of Los Angeles 
bounded as follows: Beginning at the intersection 
of the center line of Maple street and Eleventh 
street, in the city of Los Angeles; thence along the 
center line of the following named streets, to wit: 
Eleventh street to Figueroa street, Figueroa street 
to Ottawa street, Ottawa street to Georgia street, 
Georgia street to Tenth street, Tenth street to 
Blaine street, Blaine street to Ninth street, Ninth 
street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Figueroa street, Figueroa 
street to Vernon avenue, Vernon avenue to McKin¬ 
ley avenue or the northerly prolongation of McKin¬ 
ley avenue from the south, McKinley avenue 
and said prolongation to Fifty-first street, Fifty- 
first street to Central avenue, Central ave¬ 
nue to Fifty-first street, Fifty-first street to 
Hooper avenue, Hooper avenue to Fifty-first street, 
Fifty-first street and the easterly prolongation 
thereof to a point in the easterly boundary line of 
the city of Los Angeles; thence in a northerly 
direction along said boundary line to the southerly 
charter boundary line of the city of Los Angeles 
where the same intersects the center line of Ala¬ 
meda street, Alameda street to Twentieth street, 
Twentieth street to Compton avenue, Compton ave¬ 
nue to Twenty-first street, Twenty-first street to 
Central avenue, Central avenue to Twenty-first 


ELECTION LAWS. 


61 


street from the west; Twenty-first street to Maple 
avenue, Maple avenue to Eleventh street the place 
of beginning, shall constitute the thirty-eighth sena¬ 
torial district. 

39. The counties of Riverside, Orange and Im¬ 
perial shall constitute the thirty-ninth senatorial 
district. 

40. The county of San Diego shall constitute the 
fortieth senatorial district. [Amendment approved 
January 2, 1912; in effect March 24, 1912.] 

Assembly Districts. 

90. The state is hereby divided into eighty assem¬ 
bly districts, respectively numbered and constituted 
as follows: 

1. The counties of Del Norte and Siskiyou shall 
constitute the first assembly district. 

2. The county of Humboldt shall constitute the 
second assembly district. 

3. The counties of Shasta and Trinity shall con¬ 
stitute the third assembly district. 

4. The counties of Plumas, Lassen, Modoc and 
Sierra shall constitute the fourth assembly district. 

5. The counties of Tehama, Glenn and Colusa 
shall constitute the fifth assembly district. 

6. The county of Mendocino shall constitute the 
sixth assembly district. 

7. The county of Butte shall constitute the sev¬ 
enth assembly district. 

8. The counties of Yuba, Sutter and Yolo shall 
constitute the eighth assembly district. 

9. The counties of Nevada and Placer shall con¬ 
stitute the ninth assembly district. 

10. The county of Solano shall constitute the 
tenth assembly district. 

11. The counties of Napa and Lake shall consti¬ 
tute the eleventh assembly district. 

12. All that portion of the county of Sonoma 
comprising the following election precincts of nine¬ 
teen hundred and ten, to wit: Bloomfield, Bluchor, 
Bodega, Cazadero, Cotati, Dry Creek, Duncan’s 
Mills, Forestville, Freestone, Graton, Healdsburg 


62 


ELECTION LAWS. 


City numbers 1 to 4 inclusive, Healdsburg Eoad, 
Lakeville, Magnolia, Marin, Mendocino, Molino, 
Occidental, Pennsgrove, Petaluma numbers 1 to 7 
inclusive, East Redwood, West Redwood, Sebastopol 
numbers 1 and 2, Skagg’s Spring, Stewart’s Point, 
Table Mountain, Timber Cove, Valley Ford, and 
Wilson, shall constitute the twelfth assembly dis¬ 
trict. 

13. All that portion of the county of Sonoma not 
embraced in the twelfth assembly district shall con¬ 
stitute the thirteenth assembly district. 

14. All that portion of the county of Sacramento, 
composed of that part of the city of Sacramento, 
lying north of the center of “K” street, and east 
of the center of Thirty-first street, and all that 
portion of said Sacramento county included within 
the boundaries of “American Township,” “Brigh¬ 
ton Township,” “Center Township,” “Granite 
Township,’’ “Mississippi Township,” “Natoma 
Township,” and “Sutter Township,” as said town¬ 
ships existed on the first day of January, 1911, shall 
constitute the fourteenth assembly district. 

15. All that portion of the county of Sacramento 
not included in the fourteenth assembly district 
shall constitute the fifteenth assembly district. 

16. The counties of Amador, El Dorado, Alpine 
and Calaveras shall constitute the sixteenth assem- 
blv district. 

17. The county of Marin shall constitute the sev¬ 
enteenth assembly district. 

18. The county of Contra Costa shall constitute 
the eighteenth assembly district. 

19. All that portion of the county of San Joaquin 
not included in the twentieth district shall consti¬ 
tute the nineteenth assembly district. 

20. All that portion of the county of San Joa¬ 
quin comprising the city of Stockton shall constitute 
the twentieth assembly district. 

21. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Mar- 


ELECTION LAWS. 


63 


ket street with the center line of Eleventh street; 
thence along the center line of the following named 
streets, to wit: Eleventh street to Bryant avenue, 
Bryant avenue to Twentieth street. Twentieth street 
to the waters of the Bay of San Francisco; thence 
northerly along the shore line of said bay to its in¬ 
tersection with the center line of Market street; 
thence along the center line of Market street to the 
point of beginning, shall constitute the twenty-first 
assembly district. 

22. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of the center line of Twen¬ 
tieth street with the center line of Bryant avenue, 
continuing thence along the center line of the fol¬ 
lowing named streets, to wit: Bryant avenue to 
Army street, Army street to San Bruno avenue, San 
Bruno avenue to the boundary line between the city 
and county of San Francisco and the county of San 
Mateo; thence easterly along said boundary line to 
the Bay of San Francisco; thence northerly along 
the shore line of the Bay of San Francisco to its 
intersection with the center line of Twentieth street; 
thence along the center line of Twentieth street to 
the point of beginning, shall constitute the twenty- 
second assembly district. 

23. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Dolores and Twenty- 
ninth streets; thence along the center line of the 
following named streets, to wit: Twenty-ninth to 
Mission, Mission to Army, Army to San Bruno ave¬ 
nue, San Bruno avenue to the boundary line divid¬ 
ing the city and county of San Francisco and the 
county of San Mateo; thence along said boundary 
line westerly to the center line of San Jose avenue; 
thence along the center lines of the following named 
streets, to wit: San Jose avenue to Dolores street, 
Dolores street to Twenty-ninth street, the place of 
beginning, shall constitute the twenty-third as¬ 
sembly district. 


64 


ELECTION LAWS. 


24. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Twenty-second and 
Dolores streets, thence along the center line of 
the following named streets, to wit: Dolores to San 
Jose avenue, San Jose avenue to the boundary line 
dividing the city and county of San Francisco and 
the county of San Mateo, thence along said bound¬ 
ary line, westerly, to the waters of the Pacific 
ocean thence along the shore line of said ocean 
northerly, to the Sloat boulevard; thence along the 
center lines of the following named streets, to wit: 
Sloat boulevard to Corbett avenue, Corbett avenue 
to Burnett avenue, Burnett avenue to Dixie alley, 
Dixie alley to Grand View avenue, Grand View ave¬ 
nue to Twenty-second street, Twenty-second street 
to Dolores, the place of beginning, shall constitute 
the twenty-fourth assembly district. 

25. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Eighteenth street and 
Dolores street, continuing along the center lines 
of the following named streets, to wit: Dolores to 
Twenty-ninth, Twenty-ninth to Mission, Mission to 
Army, Army to Bryant avenue, Bryant avenue to 
Eighteenth street, Eighteenth to Harrison, Harrison 
to Eighteenth, Eighteenth to Dolores, the point of 
commencement, shall constitute the twenty-fifth 
assembly district. 

26. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
"the point of intersection of McAllister and Fillmore 
streets, continuing thence along the center line of 
the following named streets, to wit: Fillmore street 
to Duboce avenue, Duboce avenue to Church street, 
Church street to Eighteenth, Eighteenth to Dolores, 
Dolores to Twenty-second, Twenty-second to Grand 
View avenue, Grand View avenue to Dixie alley, 
Dixie alley to Burnett avenue, Burnett avenue to 
Clarendon avenue, Clarendon avenue to Clayton 
street, Clayton to Ashbury, Ashbury to Piedmont, 


ELECTION LAWS. 


65 


Piedmont to Masonic avenue, Masonic avenue to 
Java street, Java street to Buena Vista avenue, 
Buena Vista avenue to Central avenue, Central ave¬ 
nue to Oak street, Oak street to Masonic avenue, 
Masonic avenue to McAllister street, McAllister 
street to Eillmore street, the place of beginning, 
shall constitute the twenty-sixth assembly district. 

27. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and 
Masonic avenue thence along the center line of the 
following named streets, to wit: Masonic avenue to 
Oak street, Oak street to Central avenue, Central 
avenue to Buena Vista avenue, Buena Vista avenue 
to Java street, Java street to Masonic avenue, 
Masonic avenue to Piedmont street, Piedmont street 
to Ashbury street, Ashbury street to Clayton street, 
Clayton street to Clarendon avenue, Clarendon ave¬ 
nue to Burnett avenue, Burnett avenue to Corbett 
avenue, Corbett avenue to Sloat boulevard, Sloat 
boulevard to the waters of the Pacific ocean; thence 
along the shore line of said ocean northerly to Ful¬ 
ton street, Fulton street to Masonic avenue, the 
place of beginning, shall constitute the twenty- 
seventh assembly district. 

28. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Fulton street and Parker 
avenue, thence along the center line of the follow¬ 
ing named streets, to wit: Parker avenue to Cali¬ 
fornia street, California street to Maple avenue, 
Maple avenue to the southerly line of the Presidio 
Beservation; thence westerly along the southerly 
boundary of the Presidio Reservation to Lobos 
creek; thence along the center line of Lobos creek to 
the waters of the Pacific ocean; thence westerly 
and southerly along the said shore line to Fulton 
street, Fulton street to Parker avenue, the point 
of beginning, together with the islands known as 
the Farallon islands, shall constitute the twenty- 
eighth assembly district. 


66 


ELECTION LAWS. 


29. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of McAllister street and 
Van Ness avenue, thence along the center lines of 
the following named streets, to wit: Van Ness ave¬ 
nue to Market street, Market street to Eleventh 
street, Eleventh street to Bryant avenue, Bryant 
avenue to Eighteenth street, Eighteenth street to 
Harrison street, Harrison street to Eighteenth 
street, Eighteenth street to Church street, Church 
street to Duboce avenue, Duboce avenue to Fillmore 
street, Fillmore street to McAllister street, McAllis¬ 
ter street to Van Ness avenue, the place of begin¬ 
ning, shall constitute the twenty-ninth assembly dis¬ 
trict. 

30. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van 
Ness avenue, thence along the center line of the 
following named streets, to wit: Van Ness avenue 
to McAllister street, McAllister street to Masonic 
avenue, Masonic avenue to Fulton street, Fulton 
street to Parker avenue, Parker avenue to California 
street, California street to Presidio avenue, Presidio 
avenue to Pine street, Pine street to Van Ness 
avenue, the point of beginning, shall constitute the 
thirtieth assembly district. 

31. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Pine street and Van 
Ness avenue, thence along the center line of the 
following named streets, to wit: Van Ness avenue 
to the bay of San Francisco; thence along the shore 
line of said bay to the waters of the Pacific ocean; 
thence along the shore line of said ocean to Lobos 
creek; thence along the line of said Lobos creek 
to the southerly boundary line of Presidio Keserva- 
tion; thence along said boundary line to Maple 
street; Maple street to California street, California 
street to Presidio avenue, Presidio avenue to Pine 
street, Pine street to Van Ness avenue, the point 


ELECTION LAWS. 


67 


•of beginning, shall constitute the thirty-first as¬ 
sembly district. 

32. All that portion of the city and county of 
San Irancisco bounded as follows: Commencing at 
the point of intersection of Van Ness avenue and 
Market street, continuing along the center line of 
the following named streets, to wit: Van Ness 
avenue to the waters of the bay of San Francisco; 
thence easterly along the shore line of said bay to 
Jones street, Jones street to Green street, Green 
street to Mason street, Mason street to Ellis street, 
Ellis street to Jones street, Jones street to Market 
street, Market street to Van Ness avenue, the point 
of beginning, shall constitute the thirty-second 
assembly district. 

33. All that portion of the city and county of 
San Francisco bounded as follows: Commencing at 
the point of intersection of Market street and 
Jones street, continuing thence along the center 
line of the following named streets, to wit: Jones to 
Ellis, Ellis to Mason, Mason to Green, Green to 
Jones, Jones to the waters of the bay of San Fran¬ 
cisco; thence easterly along the shore line of said 
bay to Market street, Market street to Jones street, 
the point of beginning, and the islands of the bay 
of San Francisco within the city and county of Sau 
Francisco, shall constitute the thirty-third assembly 
district. 

34. All that portion of the county of Alameda 
lying easterly of a line described as follows: Begin¬ 
ning at a point where the boundary line between 
Eden and Alameda townships intersects the west¬ 
erly boundary line of Alameda county; thence east¬ 
erly and northerly along the boundary line of Ala¬ 
meda township to the line dividing Brooklyn and 
Eden townships; thence easterly along the boundary 
line between Eden and Brooklyn townships to the 
southwesterly boundary line of the town of San 
Leandro; thence northerly and easterly along said 
boundary line to the center of East Fourteenth 
street; thence northwesterly following along the 


68 


ELECTION LAWS. 


center line of East Fourteenth street to the center 
line of Moss avenue, in the city of Oakland; thence 
northeasterly along the center line of Moss avenue 
and a direct extension of said center line to the 
northeasterly boundary line of the city of Oak¬ 
land; thence following the said northeasterly 
boundary line of the city of Oakland in a north¬ 
westerly direction to its intersection with the north¬ 
easterly boundary line of the county of Alameda, 
shall constitute the thirty-fourth assembly district. 

35. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the boundary line between Eden and Ala¬ 
meda townships intersects the westerly boundary 
line of the county of Alameda; thence in an east¬ 
erly and northerly direction along the boundary 
line of Alameda township to the line dividing 
Brooklyn and Eden townships; thence in an east¬ 
erly direction along the boundary line between 
Eden and Brooklyn townships to the southwesterly 
boundafy line of the town of San Leandro; thence 
northerly and easterly following the said town line 
to the center line of East Fourteenth street; thence 
northwesterly following the center line of East 
Fourteenth street and an extension of the same to 
its intersection with the line dividing Brooklyn 
and Oakland townships, said point being in Lake 
Merritt; thence southwesterly along said township 
line to its intersection with the northerly boundary 
line of Alameda township; thence westerly follow¬ 
ing along the said northerly boundary line of Ala¬ 
meda township to its intersection with the westerly 
boundary line of Alameda county; thence south¬ 
easterly along said county boundary line to the 
point of beginning, shall constitute the thirty-fifth 
assembly district. 

36. All that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Thirteenth avenue is inter¬ 
sected by the center line of East Fourteenth street 
in the city of Oakland; thence northwesterly along 


ELECTION LAWS. 


69 


the center line of East Fourteenth ctreet and an 
extension of said center line to a point where the 
same intersects the westerly boundary line of Brook¬ 
lyn township, in Lake Merritt; thence northeast¬ 
erly following along the boundary line between 
Brooklyn and Oakland townships to the southerly 
boundary line of the city of Piedmont; thence east¬ 
erly, northerly and westerly following the said 
boundary line of the city of Piedmont to the line 
dividing Oakland and Brooklyn townships; thence 
northeasterly along said dividing line between Oak¬ 
land and Brooklyn townships to its intersection with 
the northeasterly boundary line of the city of Oak¬ 
land; thence southeasterly following said city 
boundary line to a point where the same would 
be intersected by a direct extension northeasterly 
of the center line of Moss avenue; thence south¬ 
westerly along said extension and along the center 
line of Moss avenue to the center line of East 
Fourteenth street; thence northwesterly along the 
center line of East Fourteenth street to the center 
line of Thirteenth avenue and the point of begin¬ 
ning, shall constitute the thirty-sixth assembly dis¬ 
trict. 

37. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Broadway is intersected 
by the center line of Thirteenth street, in the city 
of Oakland; thence southeasterly along the center 
line of Thirteenth street and a direct extension of 
said center line to its intersection with the line 
dividing Brooklyn and Oakland townships; thence 
northeasterly following along the line dividing 
Brooklyn and Oakland townships to a point in the 
southerly boundary line of the city of Piedmont; 
thence easterly, northerly and westerly, following 
the southern, eastern and northern boundary line 
of the city of Piedmont to its intersection with the 
eastern boundary line of the city of Oakland, as 
the same existed prior to the annex of 1909; thence 
northwesterly along the easterly boundary line of 


70 


ELECTION LAWS. 


the city of Oakland, as the same existed prior to the 
annex of 1909, to its intersection with the center 
line of Broadway; thence southerly along the center 
line of Broadway to the center line of Fifty-first 
or Vernon street; thence westerly following along 
the center line of Fifty-first street to the center 
line of Shattuck avenue; thence southerly along the 
center line of Shattuck avenue to the center line 
of Temescal creek; thence westerly down the center 
of Temescal creek to the center of Grove street; 
thence southerly along the center of Grove street 
to the center of San Pablo avenue; thence southerly 
along the center of San Pablo avenue to the center 
of Broadway; thence southerly along the center 
of Broadway to the center of Thirteenth street, and 
the point of beginning, shall constitute the thirty- 
seventh assembly district. 

38. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Adeline street is inter¬ 
sected by the center line of Twenty-second street 
in the city of Oakland; thence easterly along the 
center line of Twenty-second street to the center line 
of Grove street; thence southerly along the center 
line of Grove street to the center line of San Pablo 
avenue; thence southerly along the center line of 
San Pablo avenue to the center line of Broadway; 
thence southerly along the center line of Broadway 
to the center line of Thirteenth street; thence east¬ 
erly along the center line of Thirteenth street and 
a direct extension of said center line to its inter¬ 
section with the line dividing Brooklyn and Oak¬ 
land townships; thence southerly along the line 
dividing Oakland and Brooklyn townships to the 
line dividing Oakland and Alameda townships; 
thence westerly along the line dividing Oakland 
and Alameda townships to a point where a direct 
extension of the center line of Adeline street would 
intersect the same; thence northerly along said 
extension and along the center line of Adeline 
street to the point of beginning, shall constitute the 
thirty-eighth assembly district. 


ELECTION LAWS. 


71 


39. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Adeline street is inter¬ 
sected by the center line of Twenty-second street 
in the city of Oakland; thence easterly along the 
center line of Twenty-second street to the center 
line of Grove street; thence northerly along the 
center line of Grove street to the center of Temescal 
creek; thence westerly down the center of Temescal 
creek to the town of Emeryville; thence westerly 
and northerly following the boundary line of the 
town of Emeryville to the southerly boundary line 
of the city of Berkeley; thence westerly along the 
southerly boundary line of the city of Berkeley and 
a direct extension of same to its intersection with 
the westerly boundary line of Alameda county; 
thence southerly along the westerly boundary line 
of Alameda county to its intersection with the line 
dividing Oakland and Alameda townships; thence 
easterly along the line dividing Oakland and Ala¬ 
meda townships to a point where a direct exten¬ 
sion of the center line of Adeline street would 
intersect the same; thence northerly along said 
extension and along the center line of Adeline street 
to the center line of Twenty-second street and the 
point of beginning, shall constitute the thirty-ninth 
assembly district. 

40. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the easterly boundary line of the town of 
Emeryville is intersected by the southerly boundary 
line of the city of Berkeley; thence southerly and 
easterly along the boundary line of the town of 
Emeryville to a corner thereof, the same being in 
the center of Temescal creek; thence up the center 
of Temescal creek to the center line of Shattuck 
avenue; thence northerly along the center line of 
Shattuck avenue to the center line of Russell street; 
thence westerly along the center line of Russell street 
to the center line of Milvia street; thence northerly 
along the center line of Milvia street to the center 


72 


ELECTION LAWS. 


line of Codornices creek; thence westerly down the 
center line of Codornices creek to the easterly 
boundary line of the town of Albany; thence north¬ 
erly along the easterly boundary line of the town 
of Albany to the northern boundary of the county 
of Alameda; thence westerly and southerly along 
the northern and western boundary line of the 
county of Alameda to a point where said boundary 
line would be intersected by a direct extension 
westerly of the southerly boundary line of the city 
of Berkeley; thence easterly along said extension 
and along the southerly boundary line of the city 
of Berkeley to the point of beginning, shall con¬ 
stitute the fortieth assembly district. 

41. All of that portion of the county of Alameda 
described as follows, to wit: Beginning at a point 
where the center line of Shattuck avenue is inter¬ 
sected by the center line of Fifty-first street or 
Yernon street, in the city of Oakland; thence east¬ 
erly along the center line of Fifty-first or Yernon 
street to the center line of Broadway; thence north¬ 
easterly along the center line of Broadway to its 
intersection with the northeasterly boundary line 
of the city of Oakland, as the same existed prior 
to the annex of 1909; thence southeasterly along 
said boundary line of the city of Oakland as the 
same existed prior to the annex of 1909 to its inter¬ 
section with the northerly boundary line of the city 
of Piedmont; thence easterly following the north¬ 
erly boundary line of the city of Piedmont to its 
intersection with the boundary line dividing Brook¬ 
lyn and Oakland townships; thence northeasterly 
along the line dividing Brooklyn and Oakland town¬ 
ships to its intersection with the northeasterly 
boundary line of Alameda county; thence north¬ 
westerly and westerly following along the county 
boundary line to its intersection with the easterly 
boundary line of the town of Albany; thence south¬ 
erly along the easterly boundary line of the town 
of Albany to its intersection with the center of 
■Codornices creek; thence easterly up the center of 


ELECTION LAWS. 


73 

Codorniees creek to its intersection with the center 
line of Milvia street; thence southerly along the 
center line of Milvia street to the center line of 
Russell street; thence easterly along the center line 
of Russell street to the center line of Shattuck 
avenue; thence southerly along the center line of 
Shattuck avenue to the center line of Fifty-first 
or Vernon street and the point of beginning, shall 
constitute the forty-first assembly district. 

42. The county of San Mateo shall constitute the 
forty-second assembly district. 

43. The county of Santa Cruz shall constitute the 
forty-third assembly district. 

44. All that portion of the county of Santa Clara 
not included in the forty-fifth assembly district 
shall constitute the forty-fourth assembly district. 

45. All that portion of the county of Santa Clara 
embraced within the following precincts, as con¬ 
stituted at the general election in 1910, to wit: 
Agnew, that part of Alameda precinct lying north 
of the center line of Park avenue, Alviso, Berry- 
essa, Burbank, that part of Crandalville precinct 
number one lying outside of the city limits of the 
city of San Jose, as established in 1911, Cupertino, 
East San Jose number two, Fremont, Jefferson, May- 
field, Milpitas (numbers one and two), Mountain 
View (numbers one and two), Mount Hamilton, 
Orchard, Palo Alto (numbers one to five, inclusive), 
Purissima, San Jose (numbers one to twelve inclu¬ 
sive), Santa Clara (numbers one to four, inclusive), 
Saratoga, Stanford, Stockton, Sunnyvale (numbers 
one and two), and University (numbers one and 
two), shall constitute the forty-fifth assembly dis¬ 
trict. 

46. The county of Stanislaus shall constitute the 
forty-sixth assembly district. 

47. The counties of Mariposa, Tuolumne, Mono 
and Inyo shall constitute the forty-seventh assembly 
district. 

48. The counties of Monterey and San Benito 
shall constitute the forty-eighth assembly district. 


74 


ELECTION LAWS. 


49. The counties of Merced and Madera shall con¬ 
stitute the forty-ninth assembly district. 

50. All that portion of the county of Fresno com¬ 
prising the precincts of Black Mountain, Balfour, 
Barstow, Bryant, Cantua, Central Colony, Coalinga 
No. 1, Coalinga No. 2, Coalinga No. 3, Coalinga No. 
4, Coalinga No. 5, Crescent, Chicago, Fresno Colony, 
Fowler, Firebaugh, Houghton, Huron, Iowa, Jame¬ 
son, Kerman, Kingsburg, Layton, Laguna, Liberty, 
Lewis Creek, Lucern, Madison, Mendota, Monroe, 
New Hope, Oleander, Panoche, Pleasant Valley, 
Terry, Washington Colony, Wildflower, Warthan and 
West Park, shall constitute the fiftieth assembly dis¬ 
trict. 

51. All that portion of the county of Fresno in¬ 
cluded in and comprising Fresno City precincts 
numbered one to twenty-five, both inclusive, and the 
precincts of Hedges, Belmont, Arlington and East 
Fresno shall constitute the fifty-first assembly dis¬ 
trict. 

52. All that portion of the county of Fresno not 
included in the fiftieth and fifty-first assembly dis¬ 
tricts, shall constitute the fifty-second assembly 
district. 

53. The county of San Luis Obispo shall constitute 
the fifty-third assembly district. 

54. The county of Kings shall constitute the 
fifty-fourth assembly district. 

55. The county of Tulare shall constitute the 
fifty-fifth assembly district. 

56. The county of Kern shall constitute the fifty- 
sixth assembly district. 

57. All that portion of the county of San Ber¬ 
nardino now comprised within the following town¬ 
ships, to wit: Chino, Ontario, Upland, Cucamonga, 
Etiwanda, San Bernardino, Hesperia, Oro Grande, 
and Barstow, shall constitute the fifty-seventh 
assembly district. 

58. All that portion of the county of San Ber¬ 
nardino not included within the fifty-seventh assem- 


ELECTION LAWS. 75' 

bly district, as fixed and defined in this act, shall 
constitute the fifty-eighth assembly district. 

59. The county of Santa Barbara shall constitute 
the fifty-ninth assembly district. 

60. The county of Ventura shall constitute the 
sixtieth assembly district. 

61. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: La Liebre, Del Sur, 
Lancaster, Palmdale, Acton, Newhall, San Fernando, 
Chatsworth, Calabasas, Lankershim, La Canada, 
Sunland, Burbank, Glendale City, Eagle Rock, 
Annandale, Hermon, that part of Ivanhoe and of 
Tropico numbers one and two not included within 
the city of Los Angeles, as the boundaries of said 
city existed November 1, 1911, and the following 
described portion of the city of Los Angeles: Begin¬ 
ning at the northeast corner of said city as de¬ 
scribed in the United States patent; thence follow¬ 
ing the exterior boundary line of said city as the 
same existed November 1, 1911, north, northeasterly, 
easterly, northerly and easterly in a general north¬ 
easterly direction to the extreme northeastern corner 
of said city; thence along the north line of said 
city west, southwest and southerly following such 
exterior boundary line of said city to the north 
patent boundary thereof; thence along the same 
west to the center line of Alvarado street; thence 
along the center line of the following named streets, 
to wit: Alvarado street to Sunset boulevard, Sunset 
boulevard to Park Terrace, Park Terrace to Look 
Out Drive, Look Out Drive to Adobe street, Adobe 
street to Bernardo street, Bernardo street to North 
Broadway, North Broadway (crossing the official 
bed of the Los Angeles river) to Daly street, Daly 
street to Pasadena avenue, Pasadena avenue to. 
Avenue 35, Avenue 35 to Griffin avenue, Griffin ave¬ 
nue and its extension to the north patent boundary 
line of said city; thence east along said line to the. 
place of beginning, shall constitute the sixty-first 
assembly district, 


76 


ELECTION LAWS 


62. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts of nineteen hundred ten, to wit: 
Eedondo Beach City numbers one and two, Hermosa 
Beach City, Wiseburn, Inglewood City, Freeman, 
Del Rey, Ocean Park City numbers one, two and 
three, Moneta, Howard, Ballona, Cienega, Santa 
Monica City numbers one, two, three, four, five, six, 
seven, eight and nine, Malibu, National Military 
Home numbers one, two, three, four, five and six, 
Sawtelle City numbers one, two and three, and 
Sherman, shall constitute the sixty-second assembly 
district. 

63. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersec¬ 
tion of the center lines of Washington and Hoover 
streets, in the city of Los Angeles; thence along 
the center line of the following named streets, to 
wit: Hoover street to Pico street, Pico street to 
Hoover street, Hoover street to Carondelet street, 
Carondelet street to Ninth street, Ninth street to 
Hoover street, Hoover street to Benton boulevard, 
Benton boulevard to Sixth street, Sixth street to 
Hoover street, Hoover street to Occidental boule¬ 
vard, Occidental boulevard to First street, First 
street to Occidental boulevard, Occidental boulevard 
to Sunset boulevard, Sunset boulevard to Alvarado 
street, Alvarado street to the north patent boundary 
of said city; thence along the same east to the east¬ 
erly line of that portion of Tropico precinct num¬ 
ber two annexed to said city prior to November 1, 
1911; thence northwesterly, westerly and southerly, 
following the exterior lines of those portions of 
Tropico precincts numbers one and two, and of 
Ivanhoe precinct, so annexed to said city, to the 
north line of the former city of Hollywood, the 
same being a point in the present north boundary 
line of the city of Los Angeles; thence following the 
boundary line of said city of Los Angeles westerly, 
southerly, westerly, southerly, westerly, southerly, 
easterly, southerly, easterly and southerly to the 


ELECTION LAWS. 


77 


center line of Washington street; thence east along 
said center line to the point of beginning, shall con¬ 
stitute the sixty-third assembly district. 

64. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Hill and Seventh streets, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Hill street to Temple 
street, Temple street to Hill street, Hill street to 
Sunset boulevard, Sunset boulevard to Hill street, 
Hill street to Alpine street, Alpine street to Cleve¬ 
land street, Cleveland street to College street, Col¬ 
lege street to Adobe street, Adobe street to Look 
Out Drive, Look Out Drive to Park Terrace, Park 
Terrace to Sunset boulevard, Sunset boulevard to 
Occidental boulevard, Occidental boulevard to First 
street, First street to Occidental boulevard, Occi¬ 
dental boulevard to Hoover street, Hoover street to 
Sixth street, Sixth street to Benton boulevard, Ben¬ 
ton boulevard to Hoover street, Hoover street to 
Seventh street, Seventh street to Hill street, the 
point of beginning, shall constitute the sixty-fourth 
assembly district. 

65. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of the center lines of North Broadway and Daly 
street, in the city of Los Angeles; thence along the 
center lines of the following named streets, to wit: 
North Broadway (crossing the official bed of the 
Los Angeles river), to Bernardo street, Bernardo 
street to Adobe street, Adobe street to College 
street, College street to Cleveland street, Cleveland 
street to Alpine street, Alpine street to Hill street, 
Hill street to Sunset boulevard, Sunset boulevard to 
Hill street, Hill street to Temple street, Temple 
street to Hill street, Hill street to Fifth street, Fifth 
street to Central avenue, Central avenue to Sixth 
street, Sixth street and its easterly extension to 
the intersection with the center line of Gless street, 
Gless street to Fifth street, Fifth street to Pecan 
street, Pecan street to First street, First street to 


78 


ELECTION LAWS. 


Pleasant avenue, Pleasant avenue to Brooklyn ave* 
nue, Brooklyn avenue to Macy street, Macy street 
to Gallardo street, Gallardo street to Mission Road, 
Mission Road to Daly street, Daly street to North 
Broadway, the point of beginning, shall constitute 
the sixty-fifth assembly district. 

66. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the northeast¬ 
ern corner of the city of Los Angeles, as the same 
is described in the United States patent; thence 
westerly along the northern patent boundary line 
of said citv to the center line of Griffin avenue, or 
the northerly prolongation thereof; thence along 
the northerly prolongation of said center line and 
along the center line of the following named streets, 
to wit: Griffin avenue to Avenue 35, Avenue 35 to 
Pasadena avenue, Pasadena avenue to Daly street, 
Daly street to Mission Road, Mission Road to Gal¬ 
lardo street, Gallardo street to Macy street, Macy 
street to Brooklyn avenue, Brooklyn avenue to 
Pleasant avenue, Pleasant avenue to First street, 
First street to Pecan street, Pecan street to Fifth 
street, Fifth street to Gless street, Gless street to 
Sixth street, Sixth street and its extension westerly, 
along the line of assembly district number sixty- 
five, as constituted and designated by this section, 
to the center line of the official bed of the Los 
Angeles river; thence southerly along said center 
line and its southerly prolongation to the south 
boundary of said city; thence east along said bound¬ 
ary line to the southeastern corner of said city; 
thence north along the east line of said city to tho 
point of beginning, shall constitute the sixty-sixth 
assembly district. 

67. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts of nineteen hundred ten, to wit: 
Pasadena City numbers one, two, three, four, five, 
six, seven, eight, nine, ten, eleven, twelve, thirteen, 
fourteen, fifteen, sixteen, seventeen, eighteen, nine¬ 
teen, twenty, twenty-one, tweny-two and twenty-. 


ELECTION LAWS. 


79 


three, and Altadena, shall constitute the sixty-sev¬ 
enth assembly district. 

68. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Claremont City, La 
Verne, Lordsburg City, San Dimas, Pomona City 
numbers one, two, three, four, five and six, Spadra, 
Azusa, Azusa City, Glendora, Covina, Covina City, 
Rowland, Rivera, Los Nietos, Whittier City num¬ 
bers one, two, three, and four, and all of El Monte 
precinct except that portion thereof lying north of 
the westerly prolongation of the south line of Santa 
Anita precinct and except that portion thereof lying 
west of the line dividing ranges eleven and twelve 
west, in township one south, San Bernardino base 
and meridian, shall constitute the sixty-eighth 
assembly district. 

69. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Monrovia City num¬ 
bers one, two and three, Duarte, Arcadia City num¬ 
bers one and two, Sierra Madre City, Lamanda 
numbers one and two, Santa Anita, San Gabriel, 
Alhambra City numbers one, two and three, South 
Pasadena City numbers one, two and three, Baird, 
Belvidere numbers one and two, Montebello, Laguna, 
Fruitland, Vernon City, Huntington Park City num¬ 
bers one and two, that part of the precincts of 
Miramonte and Florence lying east of the center 
line of the right of way of the Long Beach line 
of the Pacific Electric Railway Company, and that 
part of the precinct of El Monte lying north of the 
westerly prolongation of the southerly line of Santa 
Anita precinct and also that part of said precinct 
of El Monte lying west of the line dividing ranges 
eleven and twelve west, in township one south, San 
Bernardino base and meridian, shall constitute the 
sixty-ninth assembly district. 

70. All that portion of the county of Los Angeles 


so 


ELECTION LAWS. 


included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Long Beach City 
numbers one, two, three, four, five, six, seven, eight, 
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, 
sixteen, seventeen, eighteen and nineteen, Naples, 
Alamitos, Cerritos, Artesia, Norwalk, La Mirada, 
East Whittier, Downey numbers one and two, Clear¬ 
water, Willowbrook, Dominguez, Watts City, Comp¬ 
ton City, and that part of Wilmington precinct 
which was annexed to the city of Long Beach prior 
to November 1, 1911, shall constitute the seventieth 
assembly district. 

71. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Catalina, Lomita, 
Green Meadows, Gardena numbers one and two, 
all of Wilmington precinct, except the part which 
was prior to November 1, 1911, annexed to the city 
of Long Beach, that part of the precincts of Mira- 
monte and Florence lying west of the center line 
of the right of way of the Long Beach line of the 
Pacific Electric Bailway Company, and Los Angeles 
City precincts numbers one hundred ninety-two, one 
hundred ninety-three, one hundred ninety-four, one 
hundred ninety-seven, one hundred ninety-eight, one 
hundred ninety-nine, two hundred, two hundred four, 
two hundred five, two hundred six, two hundred 
seven, two hundred eight, two hundred eleven, two 
hundred thirteen, two hundred eighteen, two hun¬ 
dred nineteen, two hundred twenty-three, two hun¬ 
dred twenty-four, two hundred twenty-five, two 
hundred twenty-six, two hundred twenty-seven, two 
hundred twenty-eight, two hundred twenty-nine and 
two hundred thirty, shall constitute the seventy- 
first assembly district. 

72. All that portion of the county of Los Angeles 
included within and comprising the following elec¬ 
tion precincts, and parts of election precincts of 
nineteen hundred ten, to wit: Los Angeles City 


ELECTION LAWS. 


81 


numbers one hundred sixty-eight, one hundred sixty- 
nine, one hundred seventy, one hundred seventy- 
one, one hundred seventy-two, one hundred seventy- 
three, one hundred seventy-four, one hundred sev¬ 
enty-five, one hundred seventy-six, one hundred 
seventy-eight, one hundred seventy-nine, one hun¬ 
dred eighty, one hundred eighty-one, one hundred 
eighty-two, one hundred eighty-three, one hundred 
eighty-four, one hundred eighty-five, one hundred 
eighty-six, one hundred eighty-seven, one hundred 
eighty-eight, one hundred eighty-nine, one hundred 
ninety, one hundred ninety-one, that part of Los 
Angeles City precinct number one hundred fifty- 
seven lying south of the center line of Jefferson 
street, and all of Los Angeles City precinct number 
one hundred seventy-seven, except that portion 
thereof bounded by the west patent boundary line 
of the city of Los Angeles, the center line of 
Hoover street (formerly Kingsley street) and the 
center line of West Jefferson street, shall constitute 
the seventy-second assembly district. 

73. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Main and Washington street, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Main street to Jeffer¬ 
son street, Jefferson street to Figueroa street, Fig¬ 
ueroa street to Vernon avenue, Vernon avenue to 
McKinley avenue, or the northerly prolongation of 
McKinley avenue from the south, McKinley avenue 
and said prolongation to Fifty-first street, Fifty- 
first street to Central avenue, Central avenue to 
Fifty-first street, Fifty-first street to Hooper avenue, 
Hooper avenue to Fifty-first street, Fifty-first street 
and the easterly prolongation thereof to a point in 
the easterly boundary line of the city of Los 
Angeles, thence in a northerly direction along said 
boundary line to the southerly charter boundary 
line of the city of Los Angeles where the same 
intersects the center line of Alameda street, Ala¬ 
meda street to Twentieth street, Twentieth street to 


82 


ELECTION LAWS. 


Central avenue, Central avenue to Washington 
street, Washington street to Main street, the point 
of beginning, shall constitute the seventy-third 
assembly district. 

74. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Fifth and Hill streets, in the city of Los 
Angeles; thence along the center line of the follow¬ 
ing named streets, to wit: Fifth street to Central 
avenue, Central avenue to Sixth street, Sixth street 
and the extension thereof along the line of assem¬ 
bly district number sixty-five, as designated and 
constituted by this section, to the center line of the 
official bed of the Los Angeles river; thence south¬ 
erly along the last mentioned line and the pro¬ 
longation thereof to the south boundary line of the 
city of Los Angeles; thence westerly along said 
boundary line to the center line of Alameda street, 
Alameda street to Twentieth street, Twentieth 
street to Central avenue, Central avenue to Wash¬ 
ington street, Washington street to Hill street, Hill 
street to Fifth street, the point of beginning, shall 
constitute the seventy-fourth assembly district. 

75. All that portion of the county of Los Angeles 
bounded as follows: Commencing at the intersection 
of Seventh and Hill streets, in the city of Los 
Angeles; thence along the center line of the fol¬ 
lowing named streets, to wit: Seventh street to 
Hoover street, Hoover street to Ninth street, Ninth 
street to Carondelet street, Carondelet street to 
Hoover street, Hoover street to Pico street, Pico 
street to Hoover street, Hoover street to Jefferson 
street, Jefferson street to Main street, Main street 
to Washington street, Washington street to Hill 
street, Hill street to Seventh street, the point of be¬ 
ginning, shall constitute the seventy-fifth assembly 
district. 

76. The county of Orange shall constitute the sev¬ 
enty-sixth assembly district. 

77. The county of Kiverside shall constitute the 
seventy-seventh assembly district. 


ELECTION LAWS. 83 

78. The county of Imperial shall constitute the 
seventy-eighth assembly district. 

79. All that portion of the county of San Diego 
included within the corporate limits of the city of 
San Diego shall constitute the seventy-ninth assem¬ 
bly district. 

80. All that portion of the county of San Diego 
not included in the seventy-ninth assembly district 
shall constitute the eightieth assembly district. 
[Amendment approved January 2, 1912; in effect 
March 24, 1912.] 

Congressional Districts. 

117. The state is divided into eleven congres¬ 
sional districts, which shall be designated and con¬ 
stituted as follows: 

1. The counties of Del Norte, Humboldt, Mendo¬ 
cino, Glenn, Butte, Yuba, Sutter, Marin, Colusa, 
Lake and Sonoma shall constitute the first congres¬ 
sional district. 

2. The counties of Siskiyou, Modoc, Trinity, 
Shasta, Lassen, Tehama, Plumas, Sierra, Nevada, 
Placer, El Dorado, Amador, Calaveras, Alpine, Tuol¬ 
umne and Mariposa shall constitute the second con¬ 
gressional district. 

3. The counties of Napa, Yolo, Sacramento, 
Solano, Contra Costa and San Joaquin shall con¬ 
stitute the third congressional district. 

4. All that portion of the city and county of San 
Francisco comprising the twenty-eighth, thirty-first, 
thirtieth, thirty-second, thirty-third and twenty-first 
assembly districts, as such districts are constituted 
by section ninety of this code, as amended at the 
extraordinary session of the legislature commencing 
November 27, 1911, shall constitute the fourth con¬ 
gressional district. 

5. All that portion of the city and county of San 
Francisco not included in the fourth congressional 
district shall constitute the fifth congressional dis¬ 
trict. 

6. The county of Alameda shall constitute the 
sixth congressional district. 


84 


ELECTION LAWS. 


7. The counties of Stanislaus, Merced, Madera, 
Fresno, Kings, Tulare and Kern shall constitute the 
seventh congressional district. 

8. The counties of San Mateo, Santa Clara, Santa 
Cruz, San Benito, Monterey, San Luis Obispo, Santa 
Barbara and Ventura shall constitute the eighth 
congressional district. 

9. All that portion of the county of Los Angeles 
comprising the sixty-first, sixty-fifth, sixty-sixth, 
sixty-seventh, sixty-eighth, sixty-ninth and seven¬ 
tieth assembly districts, as such districts are con¬ 
stituted by section ninety of this code, as amended 
at the extraordinary session of the legislature com¬ 
mencing November 27, 1911, shall constitute the 
ninth congressional district. 

10. All that portion of the county of Los Angeles 
not included in the ninth congressional district shall 
constitute the tenth congressional district. 

11. The counties of San Bernardino, Orange, Riv¬ 
erside, San Biego, Mono, Inyo and Imperial shall 
constitute the eleventh congressional district. 
[Amendment approved January 2, 1912; in effect 
March 24, 1912.] 

LEGISLATIVE OFFICERS. 

Election of Senators. 

227. At the general election in the year 1908, 
and every four years thereafter, a Senator shall be 
elected in each odd-numbered Senatorial district 
constituted in Section 78 of this Code. At the gen¬ 
eral election in the year 1910, and every four years 
thereafter, a Senator shall be elected in each even- 
numbered district constituted in Section 78 of this 
Code. [Amendment approved March 19, 1907; in 
effect in sixty days.] 

Election of Assemblymen. 

228. At the general election in the year 1908, 
and every two years thereafter, a Member of the 
Assembly shall be elected in each of the Assembly 


ELECTION LAWS. 


85 


districts constituted by Section 90 of this Code. 
[Amendment approved March 19, 1907; in effect 
in sixty days.] 

Change of Precinct Boundaries. 

229. Neither Boards of Supervisors, municipal 
officers, nor any other officer or officers, shall have 
the power to alter the boundaries of any township, 
ward, election precinct, or other local subdivision, 
of any county, city and county, city or town, so as 
to change the boundaries of any Senatorial or As¬ 
sembly district as constituted and defined in Chap¬ 
ter II of Title I of Part II of this Code. [Amend¬ 
ment approved March 19, 1907; in effect in sixty 
days.] 

GENERAL PROVISIONS RELATING TO 
ELECTIONS. 

General Election, When Held. 

1041. There must be held throughout the State, 
on the first Tuesday after the first Monday of No¬ 
vember, in the year eighteen hundred and eighty, 
and in every second year thereafter, an election, to 
be known as the general election. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

52 Cal. 169; 56 Cal. 98; 58 Cal. 560; 62 Cal. 
572; 130 Cal. 94; 141 Cal. 430. 

Special Elections. 

1043. Special elections are such as are held to 
supply vacancies in any office, and are held at such 
times as may be designated by the proper board or 
officer. 

52 Cal. 169; 55 Cal. 617; 114 Cal. 364; 130 
Cal. 94. 

Municipal Elections—How Conducted. 

1044. Except in the particulars or cases other¬ 
wise provided for in the constitution or laws of 
the state or by the provisions of a freeholder char- 


86 


ELECTION LAWS. 


ter duly adopted or amended pursuant to the 
constitution of this state, all municipal elections, 
where the same are held separate from state elec¬ 
tions, and all elections held under the authority 
of Section eight of Article eleven of the constitu¬ 
tion, to elect boards of freeholders, or to vote upon 
proposed charters, or upon amendments to existing 
charters, and all other special elections, including 
all special elections to vote upon or for or against 
any proposition or question authorized to be sub¬ 
mitted to a vote, shall be conducted under the pro¬ 
visions of sections 1044, 1120, 1121, 1133 and 1151 
of this code. [Amendment approved April 12, 
1911.] 


ELECTION PROCLAMATIONS. 

G-overnor to Issue Election Proclamation. 

1053. At least thirty days before a general elec¬ 
tion, and whenever he orders a special election to fill 
a vacancy in the office of State Senator or member 
of Assembly, at least ten days before such special 
election the Governor must issue an election procla¬ 
mation, under his hand and the Great Seal of the 
State, and transmit copies thereof to the Boards of 
Supervisors of the counties in which such elections 
are to be held. [Amendment approved April 16, 
1880; in effect immediately.] 

91 Cal. 435. 

Contents of. 

1054. Such proclamation must contain: 

1. A statement of the time of election, and of the 
offices to be filled. 

2. An offer of rewards, in the following form: 
“And I do hereby offer a reward of one hundred 
dollars for the arrest and conviction of any and 
every person violating any of the provisions of 
Title IV, Part I, of the Penal Code; such rewards 
to be paid until the total amount hereafter expended 


ELECTION LAWS. 87 

for the purpose reaches the surri of ten thousand 
dollars. ’ ’ 

55 Cal. 617; 91 Cal. 435. 

Duty of Supervisors in Respect To. 

1055. The Board of Supervisors, upon the receipt 
of such proclamation may, in case of general or 
special elections, cause a copy of the same to be 
published in some newspaper printed in the county, 
if any, and to be posted at each place of election 
at least ten days before the election; and in case 
of special elections to fill a vacancy in the office of 
State Senator or member of Assembly, the Board of 
Supervisors, upon receipt of such proclamation, may, 
in their discretion, cause a copy of the same to be 
published or posted as hereinbefore provided, except 
that such publication or posting need not be made 
for a longer period than five days before such 
election. [Amendment approved April 16, 1880; in 
effect immediatelv.] 

53 Cal. 393; 56 Cal. 116; 91 Cal. 435. 

When Supervisors Must Issue. 

1056. Whenever a special election is ordered by 
the Board of Supervisors, they must issue an elec¬ 
tion proclamation, containing the statement pro¬ 
vided for in subdivision one, of section ten hun¬ 
dred and fifty-four, and must publish and post it in 
the same manner as proclamations issued by the 
Governor. 

55 Cal. 621; 91 Cal. 435. 


MISCELLANEOUS PROVISIONS. 
Plurality Elects. 

1066. The person receiving at any election a 
plurality of the votes polled for any office to be 
filled at such election, is elected thereto; provided, 
that in any city, county or city and county which, 
by its charter, prescribes for the election of its 
officers a higher proportion of votes than a plurality, 


88 


ELECTION LAWS. 


such higher proportion of votes as may be so pre¬ 
scribed shall be necessary for such election; and 
provided, further, that in any municipality organ¬ 
ized or incorporated under general laws, such higher 
proportion of votes than a plurality as may be 
prescribed by general law shall be necessary for the 
election of the officers of such municipality. 
[Amendment approved December 18, 1911;’ in effect 
March 24 1912.] 

132 Cal. 284; 143 Cal. 549; 7 Cal. App. 152. 

In Case of Tie Vote. 

1067. If at any election, except that for Governor 
or Lieutenant-Governor, two or more persons receive 
an equal and the highest number of votes, there is 
no choice, and a special election to fill such office 
must be ordered bv the proper Board or officer. 

132 Cal. 284; 143 Cal. 546, 547, 549; 151 Cal. 
452, 453. 

Proceedings in Case of Tie Vote for Governor or 
Lieutenant-Governor. 

1068. In case any two or more persons have an 
equal and highest number of votes for either Gov¬ 
ernor or Lieutenant-Governor, the Legislature must, 
by a joint vote of both houses, choose one of the 
persons to fill such office. 

Voters Privileged From Arrest, When. 

1069. Electors are privileged from arrest, except 
for an indictable offense, during their attendance on 
the election, and in going to and returning from 
the same. 

Excused From Militia Duty, When. 

1070. No elector is obliged to perform militia duty 
on the day of election, except ki time of war or 
public danger. 

No Fees for Registration. 

1071. No fees must be charged for registration or 
certificates thereof. 


ELECTION LAWS. 


89 


Compensation of Officers. 

1072. Each member upon a Board of Election in 
any county, or eity and county, in the State, and 
each clerk thereof, shall receive as compensation for 
his services upon such Board a sum not to exceed 
ten dollars, which sum shall be paid out of the 
treasury of the county, or city and county, in which 
such persons act. [Amendment approved March 20, 
1889.] 

142 Cal. 517. 

Assignment or Transfer by Election Officer of Com¬ 
pensation, a Misdemeanor. 

1072a. It shall be unlawful for any person serv¬ 
ing as an election officer, or who has served as an 
election officer at an election, or who has been ap¬ 
pointed to serve as an election officer at any elec¬ 
tion, to assign or in any manner transfer the com¬ 
pensation which he will receive or be entitled to 
receive, or to have allowed to him for service as an 
election officer at any precinct, to any person, per¬ 
sons or corporation, until after the full completion 
of the election at the precinct, or until after the 
returns of such election from the precinct where he 
served as an election officer, have been sealed and 
delivered to the county clerk or registrar of voters, 
or postmaster or express agent, as provided by 
section 1264 of the Political Code, and it shall be 
unlawful for any person, persons or corporation, or 
their agent or servant, to either directly or indirectly 
receive any such assignment or transfer, or pay or 
advance any sum of money whatever, to any such 
election officer or to any person for the use of such 
election officer, until said election returns have been 
sealed and delivered as hereinbefore provided.. Any 
person who shall violate any provision of this sec¬ 
tion shall be guilty of a misdemeanor. [New sec¬ 
tion approved May 1, 1911.] 

Blanks to Be Prepared. 

1073. The neeessary printed blanks for poll lists, 
tally lists, lists of voters, oath, and returns, to- 


90 


ELECTION LAWS. 


gether with envelopes in which to inclose returns, 
must be furnished by the Board of Supervisors to 
the officers of each election precinct at the expense 
of the county. 

BOARDS OF. ELECTION COMMISSIONERS. 

County, City, and City and County Boards of 

Election Commissioners. 

1075. The board of supervisors of each county is 
ex officio the board of election commissioners in and 
for the county, and the common council, or other 
governing body of a city, is ex officio the board of 
election commissioners in and for such city; pro¬ 
vided, that in any city and county of this state 
having four hundred thousand or more inhabitants 
as shown by the last federal census, the board of 
election commissioners shall consist of four persons, 
citizens and electors of such city and county, each 
of whom must be a freeholder, and have been an 
actual resident of said city and county at least five 
years preceding his appointment, who shall be ap¬ 
pointed by the mayor; provided, that the respective 
executive committees of the state committees of 
either of the political parties who may be entitled 
under the provisions of this act to have members of 
their party appointed as members of said board of 
election commissioners shall have the right, within 
ten days after such appointment, to file with the 
mayor a written protest against the appointment 
of a member of said board of election commission¬ 
ers, as having been appointed as one of affilia¬ 
tion with said party, on the grounds that said 
appointee is not a person of well-known affiliation 
and standing with said party from which he has been 
appointed; and the mayor thereupon shall make 
another appointment in the place of the party 
against whom the protest has been filed. The mem¬ 
bers of said commission shall be ineligible to any 
other office or public employment, elective or 
appointive, during the term for which they have 


ELECTION LAWS. 


91 


been appointed and for one year thereafter. Two 
of the persons so appointed shall be selected from 
the body of citizens and electors of such city and 
county, of known affiliation with and belonging to 
the political party or organization which at the last 
presidential election held in such city and county, 
polled within said city and county, the highest num¬ 
ber of votes cast for the candidates of the political 
party for presidential electors at such election; and 
the two remaining members of said board shall be 
selected from the body of electors of such city and 
county, of known affiliation with and belonging to 
the political party which, at the last presidential 
election held at such city and county, polled within 
such city and county, the next highest number of 
votes cast for the candidates for presidential electors 
of a political party. 

The members of said commission shall, every 
two years, choose one of their number as chairman; 
in the event of their failure to select a chairman 
in five ballots, the oldest of said members in point 
of years shall be chairman. 

The persons first appointed as such board of elec¬ 
tion commissioners shall be appointed on the first 
Monday of July, eighteen hundred and ninety-five, 
and shall each hold their office for the term of four 
years from and after the date of their appointment, 
except that of those first appointed, two (one be¬ 
longing to each political party or organization as 
aforesaid), to be designated by the mayor, shall 
retire at the end of two years, when their successors 
shall be appointed by the mayor. 

Whenever any vacancy shall occur in the said 
board, such vacancy shall be filled by appointment 
as herein prescribed, and the persons so appointed 
to fill such vacancy shall be selected in the same 
manner and from the same political party or organ¬ 
ization with which his predecessor in office affiliated 
and belonged at the time of his appointment thereto, 
and shall hold office for the balance of the unexpired 
term to which he was appointed. 

The salary of each member of the board of elec- 


92 


ELECTION LAWS. 


tion commissioners in and for a city and county, 
having four hundred thousand or more inhabitants 
as shown by the last federal census shall be seven 
hundred and fifty dollars per annum, payable in 
equal monthly installments, out of the treasury of 
such city and county, in the same manner as the 
salaries of other officers of said city and county, are 
paid. [Amendment approved April 7, 1911; in effect 
immediately.] 

Ill Cal. 99, 100; 143 Cal. 471. 

Powers of Commissioners. 

1076. The board of election commissioners, as 
provided for in this article, shall, within their 
respective counties, cities, or cities and counties, be 
invested with and shall exercise all the powers con¬ 
ferred, and shall discharge and perform all the 
duties imposed by this code or by any law of this 
state, upon boards of supervisors of the several 
counties, or upon the common council or other gov¬ 
erning body of cities, or upon any other board or 
body, in respect to the conduct, control, management, 
and supervision of elections, and all matters per¬ 
taining to elections held within the respective coun¬ 
ties, cities, or cities and counties, as the same are 
now or may be hereafter prescribed by law. [New 
section approved March 28, 1S95; in effect July 1, 
1895.] 

(NOTE.-—The article herein referred to includes 
sections 1075-1080 inclusive.) 

Secretary and Clerks of Commissioners. 

1077. The county clerk is ex officio clerk of the 
board of election commissioners of the county, and 
the clerk or secretary of the common council or 
other governing body of a city is ex officio the clerk 
or secretary of the board of election commissioners 
of the city; provided, that in cities and counties 
of this state having four hundred thousand or more 
inhabitants, the board of election commissioners 
shall appoint a suitable person, not one of their 
own number, to act as secretary at a salary not to 


ELECTION LAWS. 


93 


exceed two hundred and fifty dollars per month, 
payable in the same manner as the salaries of the 
commissioners are paid. Such secretary shall hold 
his office during the pleasure of the said board. 

The secretary of the board of election commission¬ 
ers shall not, during the term of his office, engage 
in any other calling ot trade, or profession or em¬ 
ployment, and shall be ineligible to be a candidate' 
or delegate to any convention which shall nominate 
candidates for office, and he shall be ineligible to 
be voted for for any office while acting as such 
secretary; and if these provisions of the law are 
not obeyed, it shall be the duty of the board of 
election commissioners forthwith to declare his place 
vacated, and the vacancy shall be filled in the same 
manner and terms as provided for in the original 
appointment. 

Each member of the board of election commission¬ 
ers, and the secretary elected by said board of elec¬ 
tion commissioners, shall, within fifteen days after 
receiving notice of their appointment, take the usual 
oath of office before any judge of the superior court 
of said city and county, and said oaths of office 
shall be filed with the county clerk of said city and 
county. 

The board of election commissioners shall have 
the power to appoint all deputies, and such clerks 
as may be necessary, and to fix their salaries at the 
time of their employment. All deputies and clerks 
thus appointed shall be equally divided between the 
representatives of the political parties that polled 
the highest and the next to the highest number of 
votes at the preceding presidential election. The 
salaries of all deputies and clerks that may be ap¬ 
pointed by said board of election commissioners shall 
be payable in equal monthly installments out of the 
treasury of said city and county, in the same manner 
as the salaries of other officers of such city and coun¬ 
ty, are paid. 

' The members of the board of election commission¬ 
ers, the secretary of the board of election commis¬ 
sioners, all deputies and clerks appointed by the 


94 


ELECTION LAWS. 


board of election commissioners, and all election 
officers, shall have the power to administer oaths; 
and any false oaths taken before them, or either of 
them, shall be deemed to be perjury, and the person 
so convicted thereof shall be punished according to 
law. [Amendment approved April 7, 1911; in effect 
immediately.] 

143 Cal. 471. 

Clerk—Powers of. Secretary in Cities and Counties 
of Four Hundred Thousand. 

1078. The county clerk of each county, and the 
clerk or secretary of the common council of a city, 
shall, within their respective counties or cities, exer¬ 
cise all the powers conferred, and shall discharge and 
perform all the duties imposed by this code, or by 
any law of this state, upon such officers in respect 
to the conduct, management, and supervision of elec¬ 
tions, and matters pertaining to elections, held 
within the respective counties or cities, as the same 
are now or may be hereafter prescribed by law; 

Provided, that in any city and county having four 
hundred thousand or more inhabitants, the secre¬ 
tary of the board of election commissioners, under 
the direction of the board of election commissioners, 
shall exercise all the powers conferred and shall 
discharge and perform all the duties imposed by 
this code, or by any law of this state, upon the 
county clerk or any other officer in such cities and 
counties, in respect to the conduct and supervision 
of matters relating to elections held within such 
cities and counties, as the same are now or may 
be hereafter prescribed by law. [Amendment ap¬ 
proved April 7, 1911; in effect immediately.] 

143 Cal. 471. 

Expenditures in Respect to Elections. 

1079. Whenever the clerk, secretary or any other 
officer of a county, city, or city and county, is 
charged with the performance of any official duty, in 
respect to elections, which involves the expenditure 
of puhlip. mnnm. such exnenditures shall be subject 


ELECTION LAW'S. 


95 


to the control and supervision of the Board of Elec¬ 
tion Commissioners; and when any printing or 
other service is to be performed, or materials are to 
be furnished, the amount of which in the aggregate 
shall exceed the va]ue of five hundred dollars, it 
shall be the duty of the Board of Election Commis¬ 
sioners to invite proposals for the work, or the 
furnishing of the materials, and to let the contract 
for the same to the lowest responsible bidder there¬ 
for, in the same manner and upon the same condi¬ 
tions as is required in the letting of contracts for 
doing other and similar work or furnishing other 
and similar materials, for county, city, or city and 
county purposes; provided, that no such proposal 
or bid shall be required for the contract to print 
ballots or the printed index of the precinct regis¬ 
ters, or the tally lists, if, in the judgment of the 
county clerk or registrar of voters, the time within 
which such ballots or index must be had does not 
reasonably admit of such proposal and bid, or where 
on emergency requires the immediate performance 
of a duty relating to the management or conduct 
of an election and delay in the performance of such 
duty might imperil the holding of the election at the 
time and in the manner provided by law. [Amend¬ 
ment approved April 12, 1911.] 

Application of Provisions of This Article. 

1080. Nothing contained in this article affects 
any of the provisions of this code, or of any statute 
of this state, touching the registration and quali¬ 
fication of voters and the method of calling, hold¬ 
ing, and conducting elections, in force in any 
county, city, or city and county; but such provi¬ 
sions and statutes are recognized as continuing in 
force, except so far as they are inconsistent with 
the provisions of this article upon the subject to 
which this article relates. [New section approved 
March 28, 1895; in effect July 1, 1895.] 

(NOTE.—“This article ’* includes sections 1076- 
1080 inclusive.) 


96 


ELECTION LAWS. 


QUALIFICATIONS AND DISABILITIES OF 

ELECTORS. 

Qualifications of Electors. 

1083. Every native citizen of the United States, 

every person who shall have acquired the rights of 
citizenship under or by virtue of the Treaty of 
Queretaro, and every naturalized citizen thereof 
w r ho shall have become such ninety days prior to 
any election, of the age of twenty-one years, who 
shall have been a resident of the State one year 
next preceding the election, and of the county in 
which he or she claims his or her vote ninety days, 
and in the election precinct thirty days, and who 
has conformed to the law governing the registration 
of voters, shall be a qualified elector at any and all 
elections held within the county, city and county, 
city, town, or district within which such elector 
resides. [Amendment approved Mav 27, 1913.] 

91 Cal. 467; 118 Cal. 394; 119 Cal. 617; 127 
Cal. 89; 145 Cal. 324, 338, 341, 342. 

1083a. Wherever, bv the Constitution or laws of 
this State, any initiative, referendum, recall or nom¬ 
inating petition is required to be signed by quali¬ 
fied electors, only an elector who is a registered 
qualified elector at the time he signs such petition 
shall be entitled to sign the same. [New section, 
approved May 27, 1913.] 

Who Are Not Entitled to Vote. 

1084. No native of China, no idiot, insane person, 
or person convicted of any infamous crime, and no 
person hereafter convicted of the embezzlement or 
misappropriation of public money, shall ever exer¬ 
cise the privileges of an elector. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

91 Cal. 467. 

REGISTRATION OF ELECTORS. 

Great Register. 

1094. There shall be, in each even-numbered year, 
to continue for two years, except as hereinafter pro- 


ELECTION LAWS. 


97 


vided in each county and city and county of the 
State, a new and complete registration of the voters 
of such county or city and county, who are entitled 
thereto. Such registration shall begin on the first 
day of January of such years, and shall be in 
progress at all times except during the thirty days 
immediately preceding any election, when it shall 
cease for such election as to electors residing in the 
territory within which such election is to be held; 
and transfers of registration for such election may 
be made from one precinct to another precinct in 
the same county or city and county at any time 
when such registration shall be in progress in the 
precinct to which the elector seeks to transler*, 
provided, that where any general or special munici¬ 
pal election, or any other special election, is held 
between the first day in January and the first day 
in April of the year in which such a new registra¬ 
tion is had, the original affidavit of registration and 
indexes used in the last general State election in 
any county or city and county in this State may be 
used, together with the original affidavit of regis¬ 
tration since the last election, and supplemental 
indexes, showing all additional registration, changes 
and corrections made since the registration for the 
last general election, completed to and including the 
thirtieth day prior to said general or special munici¬ 
pal election or other special election, which shall be 
the last day on which any person may register or 
transfer registration so as to entitle said person 
to a vote at such election. The board having charge 
and control of elections in each county or city and 
county, may provide by resolution, for the registra¬ 
tion of voters in their respective precincts, by the 
officer charged with the registration of voters, and 
may also provide by resolution for the registration 
of voters at specified times and places, other than 
the office of the county clerk or registrar of voters, 
deemed most convenient to large numbers of voters, 
without reference to respective or particular pre¬ 
cincts, in such a manner that the affidavits of regis¬ 
tration as provided by law may be taken at such 


98 


ELECTION LAWS. 


time and place, of any voter within the county 
who is entitled to register therein; provided, how¬ 
ever, that in any city and county where the regis¬ 
tration at the last preceding presidential election 
exceeded eighty-five thousand, no registration out¬ 
side of the main office of the officer charged with 
the registration of voters shall be had except that 
which is without reference to particular precincts 
as last specified herein; and provided, further, that 
in any such city and county such registration 
without regard to particular precincts outside of 
the main office of the officer charged with the 
registration of voters, must be had in at least 
one place in each assembly district in such city 
and county for a period of not less than five days, 
exclusive of Sundays, next immediately preceding 
the close of registration for the September primary 
election provided for by state law, and said regis¬ 
tration places shall be and remain open at least 
from ten o ’clock a. m. to ten o ’clock p. m. of each of 
said days; provided further, that any registra¬ 
tion which may be made at the main office for 
registration in any such city and county may 
be made in any of the places provided for reg¬ 
istration in the assembly districts therein; and 
provided, further, that such other places of gen¬ 
eral registration, in addition to and other than 
those above specified, shall be provided in any 
such city and county as may be necessary for 
the proper and full registration of the voters 
thereof and such places of registration shall be 
provided at such times, for such length of time, 
and in such places as the board having control of 
registration in any such city and county may pro¬ 
vide. Affidavits of registration to be used for the 
purpose of transferring the registration from one 
precinct to another in any such city and county, 
shall have printed upon the margin thereof the 
following words and matter: “Transfer of regis¬ 
tration from last former precinct in this city and 
■county. Such last former registration gave my 
residence at. (inserting the place 



ELECTION LAWS. 


99 


of residence stated in such last former precinct 
registration in said city and county), and the per¬ 
son so making an affidavit for the purpose of trans¬ 
ferring his precinct registration, shall be required 
as a part of such affidavit to state the place of 
residence so given by him in such last former regis¬ 
tration in said city and county, and if such last 
former registration of such person from the resi¬ 
dence so specified is not found at the main office 
of registration, then and in that event, if such 
last affidavit of registration for the purpose of 
transfer was not made at such main office, such 
voter may be cited by the officer or board charged 
with the registration of voters, by written or 
printed notice mailed in a sealed envelope, with 
proper postage thereon, addressed to the last place 
of residence of such person, as given in said affida¬ 
vit of registration for the purpose of transfer, cit¬ 
ing such person to appear at the main office of 
registration, not later than ten days from the 
time of mailing such citation (specifying the last 
day for such appearance), to correct or correctly 
state his last former place of residence in said 
city and county at the date of his last prior regis¬ 
tration, and that unless he or she so appear and 
make such statement in such manner that his or 
her said last former precinct registration before 
the making of said affidavit for the purpose of 
said transfer, may be found that his or her said 
affidavit and application for such transfer of regis¬ 
tration will be canceled. Unless such person shall 
appear at such main office according to the re¬ 
quirements of such citation and make such state¬ 
ment as will enable his or her said last former 
place of residence and precinct registration, prior 
to said affidavit and application for transfer of 
registration in such city and county, to be found, 
his or her said last affidavit and application for 
transfer of registration shall be canceled. 

Upon the written request of the officer charged 
with the registration of voters, which request said 
officer shall make upon petition from any ten elec- 


100 


ELECTION LAWS. 


tors of the county, such petition to specify the 
premises from which lists are desired, every land¬ 
lord or keeper of premises where lodgers abide, 
shall furnish said officer a list of all lodgers occupy¬ 
ing rooms, or sleeping apartments, or beds in the 
premises under his or her or its control. Such lists 
shall be furnished upon blanks provided by said 
officer. Any landlord or keeper of premises where 
lodgers abide, who neglects or refuses to comply 
promptly with the provisions of this section or who 
furnishes a false list of such lodgers, shall be guilty 
of a misdemeanor. All lists so returned shall be 
kept on tile in the office of the officer receiving 
same, open to public inspection. It shall be the 
duty of said officer to compile a list of such per¬ 
sons, if there are any, who are registered as resid¬ 
ing in any of these premises and whose names are 
not returned in the lists furnished by the landlord 
or keeper thereof. At least three days before the 
date of the next succeeding election, in any precinct 
where such premises are located, said officer shall 
send by registered mail to the inspector of election 
in said precinct a certified copy of the list he has 
thus prepared, with instructions to challenge the 
vote of each and all such persons if offered at the 
election, under subdivision 5 of section 1230 of the 
political code. [Amendment approved June 16, 
1913.] 


Names of Electors Must Be Entered. 

1095. In the affidavits of registration the Clerk 
•must, as hereinafter provided, enter in duplicate the 
names of the qualified electors of the county, and the 
provisions of section one thousand and ninety-six of 
this Code are hereby declared to be mandatory. Any 
officer charged with the registration of voters who 
neglects or refuses to make all the entries provided 
for in section one thousand and ninetv-six of the Po- 

V 

litical Code, or neglects or refuses to take the' oath of 
the voter applying to him for registration in respect 
to the same, shall, upon conviction, be deemed 


ELECTION LAWS. 


101 


guilty of a misdemeanor for each and every such 
omission. [Amendment approved April 12, 1911.] 
145 Cal. 324, 342. 

Form of Affidavits of Registration and Manner of 

Executing and Returning Same. 

1095a. The clerk, or other person charged with 
the registration of voters, must provide blank forms 
for the affidavits of registration, which forms shall 
be bound together in books or pads of one hundred 
sheets each, and consist of originals and duplicates. 
Each original shall be attached to a stub by a per¬ 
forated line, and each original and duplicate shall 
bear a distinctive number, which shall be in addi¬ 
tion to the registration number of the voter. Said 
number shall appear on the original and duplicate 
sheet, and also on the stub to which they are at¬ 
tached, and the numbering shall begin with 1 and 
continue in a sequence until all of the blanks pro¬ 
vided shall be numbered. The numbering shall 
begin anew with new registration. The stubs shall 
contain a line for the name and spaces for the 
address and precinct of the person registered. Each 
deputy clerk, deputy registrar, or registration clerk 
shall receipt to the clerk or registrar for all books 
or pads issued to him, specifying the numbers of the 
affidavits received by him, and he shall be charged 
with the same until he returns and files the same. 
When an elector is registered, his name, address, 
and precinct shall be noted on the stub attached to 
the original, and if for any cause the affidavit is 
spoiled in the course of making it out, or a mistake 
therein is made, the same must not be removed 
from the pad, or book, but the name of the elector 
for whom it was intended, with his address and pre¬ 
cinct must be entered on the stub, as in other cases, 
and the stubs and affidavits each marked with the 
word ‘ ‘ Spoiled ’ ’ in red ink. When the registration 
for any election is closed, all deputies or registration 
clerks must, immediately thereafter, return all affi¬ 
davits of registration, and all books or pads in 
their possession containing stubs, spoiled, or unused 


102 


ELECTION LAWS. 


affidavit blanks; and within ten days after the close 
of such registration the clerk, or registrar of voters 
must report to the district attorney of the county, 
or city and county, under oath, the names of his 
deputies, if any, who have not complied with the 
provisions of this section; and it shall be the duty 
of the district attorney to forthwith begin a crim¬ 
inal prosecution against such deputies or registra¬ 
tion clerks as shall not have complied with the pro¬ 
visions of this section. Any deputy, or person hav¬ 
ing charge of affidavits of registration, who shall 
wilfully, or by gross carelessness, neglect, fail, or 
refuse to comply with the provisions of this section 
shall be guilty of a misdemeanor. [New section 
approved January 22, 1912; in effect March 24, 
1912.] 

Affidavit of Registration. 

1096. The affiant making the affidavit of regis¬ 
tration must be a citizen of the United States 
at least ninety days prior to the next succeeding 
election, and be at least twenty-one years of age 
at the time of such election, and may state in such 
affidavit the name of any political party or organi¬ 
zation with which he intends to affiliate at the en¬ 
suing primary election, whether or not such party 
or organization is a party or organization qualified, 
at the time of such registration, to participate in 
such primary election according to the provisions of 
the direct primary law. 

Such affidavit must also show: 

1. The name at length, including Christian or 
given name, and middle name, or initial, if any, said 
Christian or given name, if the name of a woman, 
to be preceded by the designation of Miss or Mrs., 
as the case may be. 

2. The sex. 

3. The occupation. 

4. The height. 

5. The country or state of nativity. 


ELECTION LAWS. 


103 


6. The place of residence of the elector (giving 
ward and precinct); and in municipal corporations, 
by specifying the name of the street, avenue, or 
other location of the dwelling of such elector, with 
the number of such dwelling, if the same has a 
number, and if not, then with such description of 
the place that it can be readily ascertained and 
identified. If the elector be not the proprietor or 
head of the house, or the wife or husband of such 
proprietor, then it must show that fact, and upon 
what floor thereof, and what room such elector 
occupies in such house. 

7. If naturalized, the place of naturalization. . 

8. If the elector has acquired citizenship by mar¬ 
riage, the date or year and place of such marriage, 
and the name of the person to whom married. 

9. The date of entry of each person. 

10. The Post Office address. 

11. The fact whether or not the elector desiring 

to be registered is able to read the Constitution in 
the English language and to write his name, and 
whether or not the elector has any physical disabil¬ 
ity, by reason of which he cannot mark his ballot; 
and if he cannot mark his ballot by reason of phy¬ 
sical disability, then the nature of such disability 
must be entered. [Amendment approved June 14, 
1913.] 

Rules As to Entries. 

1097. No person’s name must be entered by the 
officer charged with the registration of voters un¬ 
less : 

1. Upon the production and filing of a certified 
copy of the judgment of the Superior Court direct¬ 
ing such entry to be made. 

2. If a naturalized citizen, upon the production 
of his certificate of naturalization, which certificate 
must be issued ninety days prior to the succeeding 
election, or upon his affidavit that it is lost or out 
of his possession, which affidavit must state the 
place of his nativity, and date or year and place of 


104 


ELECTION LAWS. 


his naturalization, together with his affidavit that 
he has resided in the United States for five years 
next preceding the time of application, and that he 
will have resided in the state one year, and in the 
county or city and county ninety days, and in the 
precinct thirty days next preceding the next ensu¬ 
ing election, and that he is or will be an elector 
of the county or city and county at the next suc¬ 
ceeding election; provided, however, if such natural¬ 
ized citizen shall have been previously registered 
as a qualified elector of any of the counties or cities 
aqd counties of this State, and shall produce a cer¬ 
tificate of such registration, issued by the party 
authorized by law to issue such certificate, which 
shall recite the date or year and place of natural¬ 
ization of such elector, such certificate shall be 
prima facie evidence of his naturalization. In the 
event that such naturalized citizen shall state in 
his affidavit that he was naturalized in the county 
or city and county in which he seeks to register, or 
in the event that he was previously registered 
within the preceding eight years within the county 
or city and county in which he seeks to register, 
and his certificate of naturalization has not been 
revoked, or that she has not since gaining citizen¬ 
ship lost her citizenship, such citizen shall not be 
required to produce his or her certificate of natural¬ 
ization, or of marriage, nor to make such affidavit 
of lost certificate in lieu thereof; provided, however, 
that in any county or city and county where the 
affidavits of registration have been destroyed by 
fire or conflagration, or other public calamity, the 
above stated provisions as to previous registration 
within the preceding eight years shall in such county 
or city and county, apply only for such number of 
years past as there shall exist a record of previous 
registration, and not to exceed in any event said 
eight years. 

3. If a citizen, by virtue of the naturalization of 
his father, upon his affidavit that he became a citi¬ 
zen of the United States by virtue of such naturali¬ 
zation of his father, which naturalization took place 


ELECTION LAWS. 


105 


during liis minority and that he began to reside per¬ 
manently in the United States while such minor 
child, and that he is or would be an elector of the 
county or city and county at the next ensuing elec¬ 
tion. 

4. If a citizen by virtue of marriage, her name 
shall be entered when it also appears from such 
affidavit that the affiant on a date or year and at 
a place therein mentioned, married a citizen of the 
United States, naming him, or a person, naming 
him, who became a citizen of the United States by 
naturalization. 

5. In all other cases, upon the affidavit of the 
party that he is or will be an elector of the 
county at the next succeeding election. Such affi¬ 
davit must be made before the county clerk or 
officer charged with the registration of voters, or 
their deputy or registration clerk. If an elector 
is absent from the county in which he claims resi¬ 
dence, he may appear before any judge or clerk of 
any court of record, or notary public, or if in a 
foreign country, before any minister, consul, or 
vice consul of the United States, and may make and 
subscribe an affidavit as to his residence, specifying 
in what ward or precinct he claims residence; that 
he will be necessarily and unavoidably absent from 
said county or city and county, on all the days 
allowed by law for general registration of elec¬ 
tors, and setting forth in such affidavit each and 
all the matters required by sections one thousand 
and ninety-six and one thousand and ninety-seven 
of the Political Code of the State of California, 
and forward such affidavit, duly authenticated as 
above, by mail, enclosed in an envelope, addressed 
to the county clerk of any county, or the registrar 
of voters in any county or city and county in which 
he claims to be an elector. Upon receipt of such 
affidavit by such clerk or registrar of voters within 
the time allowed by law for registration, the said 
affidavit shall be entered and bound by the clerk 
in the proper register in such precinct. 


106 


ELECTION LAWS. 


6. Whenever any elector, between the time of her 
last registration and the time for the closing ol 
registration for any given election in the same 
county or city and county, shall have lawfully 
changed her surname by a change or assumption 
of marital relations, she shall be entitled to rereg¬ 
ister under her new or changed name, upon an 
additional statement made at the time of such 
reregistration, giving the name under which she 
was so last registered in said county or city and 
county, and the residence given and contained in 
said last affidavit of registration, which additional 
statement shall be printed or written upon the mar¬ 
gin of such affidavit of re-registration before the 
said affidavit is signed, and shall be deemed a part 
thereof. Upon such re-registration the last previous 
registration of such elector shall be canceled. 

7. In every case the affidavit of the party must 
show all the facts required to be stated. The clerk 
or registrar of voters may cause to be written or 
printed upon the margin of the affidavit, in addition 
to any matter hereinafter provided for, all such 
words as are deemed necessary or convenient for 
the purpose of designating the precinct, district 
or political subdivision for which such affidavit is 
taken, or deemed necessary or convenient to indi¬ 
cate any removal or transfer of registration, and 
also any data or memorandum deemed necessary or 
convenient to indicate the number of the ballot 
voted by an elector as provided by section 1204 of 
the Political Code, or any other reasonable memor¬ 
anda deemed necessary or convenient for the pur¬ 
pose of enabling such clerk or registrar of voters 
to perform his duties in the assorting or classifica¬ 
tion or handling of such affidavits with correctness 
and despatch. Wherever* in the following form 
of affidavit the word il county ’’ is inserted, if the 
affidavit is for use in a city and county, such last 
mentioned words may be printed or written in lieu 
of said word 1 ‘ county. ” In connection with the 
place of residence the affidavit may have printed 
either the word 11 precinct,’’ or the word “street/* 


ELECTION LAWS. 


107 


or the word “avenue ,” or any or all of such words 
as the clerk or registrar of voters shall deem will 
be most convenient in practical use for the terri¬ 
tory in which such affidavits are to be used. 

In designating the residence of the voter or the 
post office address it shall not be necessary in 
either case to repeat the county or city and county 
or state where the name of said county or city and 
county or state previously appear. The words 
printed in the body of the affidavit, which by rea¬ 
son of statements of the voter are not applicable 
to such registration, shall not be deemed a portion 
of such affidavit of registration. The lines to in¬ 
dicate the separation between the margin of the 
affidavit of registration and the said margin shall 
be at the top and on the right side of such affidavit, 
and may be double or single lines in the discretion 
of the clerk or registrar of voters of the county 
or city and county or territory for which the affi¬ 
davit is to be used. The affidavit shall be printed 
in horizontal lines. Wherever any blank space is 
left in any line for the entry of any matter the 
lines shall not be less than one-third of an inch 
apart vertically. Commencing with the first state¬ 
ment of the affidavit proper each statement shall 
be numbered immediately at the left of such state¬ 
ment in a numerical sequence, the first statement 
commencing with No. 1, and so on to the end, but 
the jurat and space for the signature of the voter 
need not be numbered. The horizontal width of the 
affidavit, separate from any and all margin, shall 
not be less than seven and one-half (7 Mj) inches, 
and the margin upon all sides and at top and bot¬ 
tom shall be of such width as may be determined 
by the clerk or registrar of voters. The words 
“Affidavit of Registration J ’ shall be not less than 
24-point black-face type.* Pen and ink or indelible 
pencil must be used in making the portions of the 
affidavit which are not printed. The matter in the 
body of the affidavit, where the size of type is not 
otherwise specified, shall be not less than ten-point 
plain faced type, save that words inserted in paren- 


108 


ELECTION LAWS. 


theses, which are for the information or instruction 
of the deputies or registration clerks, may be in 
smaller type, at the discretion of the county clerk 
or registrar of voters. Subject to the foregoing 
provisions the body of said affidavit shall be sub¬ 
stantially in the following form: 

[Amendment approved June 14, 1913.] 

56 Cal. 71, 72, 73; 145 Cal. 324, 325, 327, 342. 

1097a. The affidavit of registration of any per¬ 
son who is a citizen of the United States by virtue 
of his father being a citizen thereof at the time of 
his birth, shall in lieu of the statements regarding 
naturalization required by the provisions of sections 
one thousand and ninety-six and one thousand and 
ninetv-seven of the Political Code, contain the fol- 
lowing statement, to-wit: I am a citizen of the- 
United States by virtue of my father being a citizen 
thereof at the time of my birth, and my father has 
resided in the United States. Said affidavit of reg¬ 
istration shall also contain the statement that said 
person is or would be an elector of the county, or 
city and county, at the next ensuing election and 
shall also contain all the other statements required 
by said sections one thousand ninety-six and one 
thousand and ninety-seven of the Political Code, ex¬ 
cepting those regarding naturalization. The name 
of such persons must thereupon be entered by the 
officer charged with the registration of voters* 
[New section approved May 27, 1913.] 

Duty of Clerk on Receipt of Return. 

1102. Upon the receipt of such return, the Clerk 
must at once enter upon the Great Register the 
names contained and the statements made in such 
return. 

Affidavits to Be Preserved by Clerk. 

1103. The person charged with the registration 
of voters in each county or city and county must 
preserve all affidavits made before himself or his 
deputies for the purpose of procuring registration 
for at least five years, and until the board of super- 























































ELECTION LAWS. 


109 


visors shall order them to be destroyed. The affi¬ 
davits shall constitute the register required to be 
kept by the provisions of this chapter and the per¬ 
son charged with the registration of voters shall 1 
not copy the facts shown by the affidavits as part 
of his official duties. All provisions of law in con¬ 
flict herewith are hereby repealed. [Amendment 
approved April 19, 1909; in effect in sixty davs.l 
145 Cal. 324, 325, 342. 

Person Must Not Be Registered in Two Counties. 

1104. No person must cause himself to be regis¬ 
tered or enrolled in one county when his registra¬ 
tion in another remains uncancelled. 

Cancellation of Entry. 

1105. Cancellation is made by writing on the 
affidavit of registration, the word li Cancelled’ ’ and 
the reason therefor. [Amendment approved April 
12, 1911.] 

145 Cal. 324, 325. 

When Cancellation Must be Made. 

1106. The Clerk must cancel the entry in the fol¬ 
lowing cases: 

1. At the request of the party registered. 

2. When he knows of the death or removal of the 
person registered. 

3. When the insanity of the person registered is 
legally established. 

4. Upon the production of a certified copy of a 
judgment of the conviction of any elector of any 
infamous crime, or of the embezzlement or misap- 
oropriation of any public money, in full force 
against the person registered, upon information of 
such conviction obtained as hereinafter provided. 

5. Upon the production of a certified copy of a 
judgment directing the cancellation to be made. 

6. Upon a certificate of the Board of Election of 
any precinct, sent up with the election returns, stat- 
• ing the death or removal, within their own knowl¬ 
edge, of the person registered. 


110 


ELECTION LAWS. 


7. W T hen it appears by the returns made by the 
Board and Clerks of Election that the respective 
party did not vote during the next preceding two 
years at any general or special election. 

8. The Clerk shall cancel upon the Great Register 
every name found thereon which is found upon the 
register of deaths, provided for by law. 

9. Every Judge before whom proceedings were 
had which result in any person being declared 
incapable of taking care of himself and managing 
his property, and for whom a guardian of his per¬ 
son and estate is accordingly appointed, or which 
result in such person being committed to a State 
Insane Asylum as an insane person, shall file with 
the County Clerk a certificate of that fact, and 
thereupon the Clerk shall cancel the name of such 
person upon the Great Register, if found thereon. 

10. The County Clerk shall also, in the first week 
of September, in each year, examine the records of 
the Courts having jurisdiction in case of infamous 
crimes and the embezzlement or misappropriation 
of public money within his county, and cancel upon 
the Great Register the names of all persons appear¬ 
ing thereon who shall have been convicted of an 
infamous crime or of the embezzlement or misappro¬ 
priation of public money in such Court, and which 
conviction shall have been carried into effect. 
[Amendment approved January 22, 1912; in effect 
March 24, 1912.] 

County Clerk Shall Furnish Registrar of Voters List 

of Criminals. 

1106a. In any county or city and county where 
there shall be a registrar of voters, the county clerk 
of such county or city and county shall furnish to 
such registrar of voters before the first day of Sep¬ 
tember of each year, a statement taken from the 
records of the courts having jurisdiction in cases of 
infamous crimes and the embezzlement or misappro¬ 
priation of public moneys within his county, showing 
the names of all persons appearing from such records 
to have been convicted of an infamous crime, or of 


ELECTION LAWS. 


Ill 


the embezzlement or misappropriation of public 
money, in such court during the year prior to such 
first day of September, and which conviction shall 
have been carried into effect, and such registrar of 
voters shall thereupon during the first week of Sep¬ 
tember in each year, cancel the affidavits of registra¬ 
tion of such persons. The county clerk shall certify 
the said statement under the seal of his office. [New 
section approved May 1, 1911.] 

Certified Copy of Entries Must Bo Given on Appli¬ 
cation. 

1107. Upon the application of the party, in per¬ 
son or in writing, the Clerk must give him or his 
agent a certified copy of the entries upon the Great 
Register relating to such party. 

119 Cal. 619. 

Clerk May Be Compelled to Make Entry. 

1108. If the clerk refuses to register any qualified 
elector in the county, such elector may proceed by 
action in the superior court to compel such registra¬ 
tion. [Amendment approved April 12, 1911.] 

Action May Be Brought to Cancel Entry. 

1109. Any person may proceed by action in the 
superior court to compel the clerk to cancel any 
registration made illegally, or that ought to be can¬ 
celled by reason of facts that have occurred subse¬ 
quent to the time of such registration; but if the 
person whose name is sought to be cancelled be not 
a party to the action, the court may order him to be 
made a party defendant. [Amendment approved 
April 12, 1911.] 

Ill Cal. 7; 145 Cal. 342. 

Parties to Action to Compel Registration. 

1110. In an action under the authority of section 
eleven hundred and eight, as many persons may join 
as plaintiffs as have causes of action. 


112 


ELECTION LAWS. 


Parties to Action to Compel Cancellation. 

1111. In an action under the authority of section 
eleven hundred and nine, the Clerk and as many per¬ 
sons as there are causes of action against may be 
joined as defendants. 

Costs in Such Actions. 

1112. Costs cannot be recovered against the Clerk 
in any action under the authority of this chapter, 
unless it is alleged in the complaint, and established 
on the trial, that the Clerk knowingly and willfully 
violated a plain duty. 

Arrangement of Affidavits of Registration. 

1113. Within five days after the last day of 
registration, the Clerk shall arrange the affidavits of 
registration for each precinct alphabetically by sur¬ 
names, and number the same, beginning with one in 
each case, and bind the same, or cause them to be 
bound, into a book by fastening the left-hand edges 
together with a staple, wire, thread or other suitable 
material; he shall at the same time treat the dupli¬ 
cate affidavits of registration in the same manner. 
[Amendment approved April 12, 1911.] 

94 Cal. 622; 136 Cal. 276; 145 Cal. 325. 

Index to Affidavits of Registration. 

1115. Within five days after the binding of said 
books the Clerk shall prepare an index of each book, 

said index to contain the numbers, names, occu¬ 
pations, addresses, and political affiliations as they 
appear in said books. Such names shall include 
Christian or given names, the middle name or 
initial, if any; and, if the name be that of a woman, 
such name shall be preceded by the designation of 
“Miss” or “Mrs.”, as the case may be. The clerk 
shall have at least one hundred copies of said index 
printed for the use of said county, and he shall 
have printed and shall furnish to the municipalities 
within said county, such additional number of copies 
thereof, not exceeding fifty, as the governing body 
of such municipalities shall by resolution require. 


ELECTION LAWS. 


113 


t 

The county clerk shall furnish upon written or oral 
demand to every candidate, who is to be voted for 
in said county, city, or city and county or any polit¬ 
ical subdivision of said county, city, or city and 
county, an index of the registration, for such pri¬ 
mary and general elections in which said candidate 
will participate, at a cost of ten cents per thousand 
names. All such moneys collected shall be deposited 
in the county treasury, to the credit of the general 
fund. The number of copies of said index necessary 
to be printed shall apply only to the index prepared 
for use at general elections. In counties where 
indexes are prepared for primary elections, a smaller 
number of such indexes may be printed. The clerk 
shall have bound together in one or more volumes, a 
general index of said books arranged alphabetically 
by precinct, and shall keep at least one copy of said 
general index in his office for public reference. 
[Amendment approved June 14, 1913.] 

101 Cal. 318; 145 Cal. 325. 

Distribution of Copies to Precincts. 

1116. The Clerk must before the day of election, 
transmit and cause to be delivered to the Board of 
Election in each precinct, one of such books of affi¬ 
davits of registration for their respective precinct, 
which shall constitute the register to be used at 
such election; he shall also cause to be delivered 
at the same time five copies of the index to said 
book. [Amendment approved March 4, 1899; in 
effect January 1, 1900.] 

101 Cal. 319; 145 Cal. 325, 342. 

Certified Copy of Entry Prima Facie Evidence. 

1117. A certified copy of an uncancelled affidavit 
of registration is prima facie evidence that the per¬ 
son named in the entry is an elector of the county. 
[Amendment approved April 12, 1911.] 

Qualification of Voters. 

1120. All persons shall be entitled to vote at the 
elections mentioned in section 1044 of this Code, 


114 


ELECTION LAWS. 


who come within the terms or comply with the re¬ 
quirements of this section. 

1. Every person who was a qualified elector at the 
general state election immediately preceding the 
holding of any of the elections mentioned in section 
1044 of this Code, and who was registered as re¬ 
quired by law as a qualified elector of any one of 
the precincts which together compose the special 
election or consolidated precincts, and who continues 
to reside wfithin the exterior boundaries of such spe¬ 
cial election or consolidated election precinct, until 
the time of the holding of the election provided for 
and held under said section 1044, shall be entitled 
to vote at said election, without other or additional 
registration, except as provided in the second para¬ 
graph of this section. All other persons, in order to 
be entitled to vote at any of the elections provided 
for in said section 1044, must be registered in the 
manner required by sections 1094, 1096 and 1097 of 
this code, as an elector of and within one of the 
precincts which compose the special election or con¬ 
solidated precinct wherein he claims to be entitled 
to vote. Such registration must be made and had in 
accordance with the provisions of sections 1094, 

1096 and 1097 of the Political Code; provided that 
such registration shall be in progress at all times 
except during the thirty days immediately preceding 
any such municipal or special election held under 
said Section 1044 of this code. 

2. Where any of the elections mentioned in sec¬ 
tion 1044 of this Code, is held in an even-numbered 
year and between the first day in April and the 
date of the general state election held that year, 
any person to be entitled to vote at such election 
mentioned in section 1044 of this code must have 
been registered during said even-numbered year in 
the manner required by sections 1094, 1096 and 

1097 of this code as an elector of and within one 
of the precincts which compose the special election 
or consolidated precinct wherein he claims to be 
entitled to vote. [Amendment approved June 13, 
1913.] 


ELECTION LAWS. 


115 


What Register Used. 

1121. The register used at each special election 
or consolidated election precinct, at the elections 

provided for in Section 1044 of this Code; provided, 
such elections are not held between the first day in 
April and the date of the general state election in 
any even-numbered year, shall consist of the orig¬ 
inal affidavits of registration for the territory 
constituting such special election or consolidated 
election precinct, at the last general State elec¬ 
tion immediately preceding the holding of the 
election provided for in said Section 1044, together 
with a supplement or supplements showing the addi¬ 
tional names of the persons who by registration 
have since such general State election become en¬ 
titled to vote at any of the elections to be held 
in such precinct, under said Section 1044 of this 
Code. In the event that precinct registers were 
used at the last preceding general State election, 
then it shall be the duty of the County Clerk or 
person clothed with the authority for the registra¬ 
tion of voters, to furnish such original affidavits of 
registration with the supplements aforesaid, for each 
of the special election or consolidated precincts, to 
the boards of election, respectively, in and for 
each such election precinct. No person shall be en¬ 
titled to vote at any such election provided for in 
said Section 1044 of this Code, unless his name is 
registered by such original affidavit of registration, 
in the precinct within the exterior boundaries of the 
election precinct, or unless, according to the Con¬ 
stitution and laws of this State, he is entitled to 
vote thereat. If any election provided for in section 
1044 of this code is held between the first day in 
April and the date of the general state election in 
any even-numbered year, the register used at such 
special or consolidated election precinct at 
such election shall consist of the original affi¬ 
davits of registration of those who had registered 
from the territory constituting such special or con¬ 
solidated election precinct in said even-numbered 


116 


ELECTION LAWS. 


year and at least thirty days prior to such election. 
[Amendment approved June 13, 1913.] 

ELECTION PRECINCTS. 

Election Precincts to Be Established by Supervisors. 

1127. The Board of Supervisors, or other Board 
having charge and control of elections in each of 
the counties, and cities and counties, of the State, 
shall, as soon before a general election as is con¬ 
venient, proceed to divide such county, or city and 
county, into election precincts, of which there shall 
be as many as shall be sufficient to make the num¬ 
ber of votes polled at any one election precinct to 
be not more than two hundred, as nearly as can be 
ascertained. [Amendment approved March 20, 
1889.] 

126 Cal. 394. 

Boundaries Of. 

1128. In the order establishing precincts, the 
boundaries thereof must be defined. 

May Be Altered, Etc. 

1129. The Board of Supervisors, or other Board 
naving charge and control of elections in each of 
the counties, and cities and counties, of the State, 
may from time to time change the boundaries of, 
create new, or consolidate established precincts; 
provided, that there shall always be as many pre¬ 
cincts as shall be sufficient to make the number of 
votes polled at any one precinct to be not more 
than two hundred, as nearly as can be ascertained. 
[Amendment approved March 20, 1889.] 

126 Cal. 394; 133 Cal. 345. 

Limitations on Powers. 

1130. The following limitations are imposed upon 
the powers given the Supervisors in this chapter: 

1. No precinct must be established so as to em¬ 
brace more than one township, nor in such manner 
that its exterior limits cross the exterior boundaries 


ELECTION LAWS. 


117 


of any township, incorporated, town or city, or any 
ward, district, or other territorial subdivision for 
which local officers are to be elected, except a 
school or road district. [Amendment approved 
March 4, 1899; in effect January 1, 1900.] 

103 Cal. 502. 

Supervisors Must Issue Order Designating Board, 

Etc. 

1131. The Board of Supervisors, or other Board 
having charge and control of elections in each of 
the counties, and cities and counties, of the State, 
must, at least twenty-five days prior to an election, 
issue its order appointing Boards of Election, desig¬ 
nating the house or place within the precinct wliere 
the election must be held, and the offices to be 
filled, naming and numbering in numerical order, 
commencing with number one, the offices to be 
filled, unexpired terms being designated next after 
the full term; but in no event shall any place be 
selected for holding an election that is in a saloon, 
or other room or place where vinous, spirituous, or 
malt liquors are sold or dispensed, nor shall any 
place be selected for such purpose that is connected 
with a saloon or other room or place where vinous, 
spirituous, or malt liquors are sold or dispensed, by 
any door, window, or other opening. [Amendment 
approved March 20, 1899; in effect in sixty days.] 

86 Cal. 67. 

Proceedings in Case Place Is Not Designated. 

1132. If the Board fail to designate the house or 
place for holding the election in any precinct, or, 
if for any reason, it can not be held at the house or 
place designated by the Board, the Justice of the 
Peace residing in the township in which such pre¬ 
cinct is situated must, by an order under his hand 
(copies of which he must at once post in three 
public places in the precinct), designate the house 
or place, within the precinct. In case of the ab¬ 
sence of the Justice of the Peace, or of his dis¬ 
ability or refusal to perform the duties herein im- 


118 


ELECTION LAWS. 


posed, then a majority of the Judges and Inspectors 
of Election for said precinct shall designate the 
place, within the precinct, for holding the election, 
and post the notices required by this section; pro¬ 
vided, that in cities or cities and counties which 
are not divided into townships for judicial purposes, 
a majority of the Justices of the Peace residing in 
such city or city and county, shall discharge the 
duties imposed by this section. [Amendment ap¬ 
proved February 13, 1903; in effect immediately.] 

Special Election Precincts—Establishment of. 

1133. The board or governing body charged with 
the conduct of carrying on any of the elections 
mentioned in section 1044 of this Code may precinct, 
or subdivide, the municipality or territory within 
which such election is to be held, into special elec¬ 
tion or consolidated election precincts, for the hold¬ 
ing of such elections, and change and alter such 
precincts for such elections, as often as occasion 
may require. In establishing such election pre¬ 
cincts referred to in this section, such board or 
governing body having control of such elections, 
may consolidate the precincts which existed for the 
holding of the last preceding general state election, 
to a number not exceeding three for each special 
election or consolidated election precinct, and shall 
number such precincts so established, consecutively, 
and each precinct so established shall for the pur¬ 
pose of such election be known by the number so 
designated. [New section . approved March 19, 
1907; in effect immediately.] 

BOARDS OF ELECTION. 

Election Board—Appointment of, Duties, Etc. 

1142. When an election is ordered, the Board of 
Supervisors, or other board having charge and con¬ 
trol of elections in each of the counties, and cities 
and counties, of the State must appoint officers of 
Election Board from the registered electors of each 


ELECTION LAWS. 


119 


i 

precinct to serve as election officers only in the 
election precinct in which they are registered and 
actually reside to constitute the Election Board 
for such precinct, which shall consist of two In¬ 
spectors, two Judges, and two Clerks; provided, 
that in any precinct which has a total registration 
of less than seventy-five voters, the election board 
may, in the discretion of the board of supervisors 
or other board having charge and control of elec¬ 
tions in such precinct, consist of one Inspector, 
one Judge, and two Clerks, two Inspectors, Judges 
and Clerks so appointed shall constitute a Board 
of Election for such precinct. At all primary 
and general elections the members of election 
boards shall be apportioned first to each or 
any party having 15% or over of the regis¬ 
tration designated in its name on the great reg¬ 
ister of the county, one member of the board for 
every such 15% of registration; provided, that if 
it should happen that there is, after giving one 
member for each 15% and multiple thereof, one or 
more member to be appointed, such member shall 
be appointed from the party next highest on the 
great register not represented on the board. If 
two remain to be appointed, the second one shall 
be appointed from the party having the highest 
fraction of fifteen not already represented on the 
board. If there should be only two parties repre¬ 
sented on the great register and there is another 
member of the board to be appointed after the 
15% and multiples are represented, such member 
shall be appointed from the party having the high¬ 
est fraction of 15%. The Inspectors, Judges and 
Clerks upon each Board of Election shall distribute 
the extra duties devolving upon such Board of 
Election in addition to their own duties in such 
a manner as they themselves shall deem most 
advantageous, and such extra duties assigned to the 
several officers or Clerks of Boards of Election by 
other sections of this code shall be performed by 
the members of each board as the said duties have 
been distributed in accordance with this provision. 


120 


ELECTION LAWS. 


Not more than two members of any Board of Elec¬ 
tion shall be absent from the polling place at any 
one time. And such Board of Supervisors or other 
board having charge of elections must notify each 
person appointed as a member of an election 
board, by written notice mailed to such person at 
the address shown on the affidavit of registration, 
at least seven davs before the election, and must 
publish the names of such electors who constitute 
the Board of Elections for such election precinct, 
in some newspaper published in the county or city 
and county where the election is to be held for 
two successive issues, the last publication to be 
at least one week before the day such election is 
to be held. Such Board of Election shall canvass 
the votes for such precinct and must be present at 
the closing of the polls. The members of said 
Board shall relieve each other in the duties of can¬ 
vassing the ballots, which may be conducted by at 
least half of the whole number; but the final cer¬ 
tificate shall be signed by a majority of the whole. 
No person shall be eligible to act as an officer of 
election at any precinct who has. been employed 
in any capacity by the county, city and county, 
incorporated city or town in which an election is 
held, within ninety days preceding such election. 
No person shall be eligible to act as a 
member of any Election Board, or as a Clerk upon 
such Board, who can not read and write the English 
language. Any person acting as a member of any 
Election Board, or as a Clerk upon such Board, who 
can not read and write the English language, and 
any person who refuses to act upon such Board, or 
as a Clerk thereof, after proper notification of his 
appointment, who is otherwise eligible, unless good 
and sufficient cause for such refusal is shown to 
the Election Board or to the Board of Supervisors, 
shall be guilty of a misdemeanor, and upon con¬ 
viction shall be subject to a fine of five hundred 
dollars, and upon failure to pay said fine shall be 
imprisoned in the County Jail of such county, or 
city and county, for the period of one day for each 


ELECTION LAWS. 121 

\ 

dollar of said fine. [Amendment approved June 
14, 1913.] 

86 Cal. 65; 116 Cal. 290; 146 Cal. 327. 

Judges Not to Be of Same Political Party. 

1143. The Judges appointed must not be of the 
same political party. 

Proceedings on Failure to Appoint, Etc. 

1144. If the Board of Supervisors fail to appoin' 
the Board of Election, or the members appointed do 
not attend at the opening of the polls on the morn¬ 
ing of the election the electors of the precinct pres 
ent at that hour may appoint the board or supply 
the place of an absent member thereof. 

Powers of Inspector. 

1145. The Inspectors may: 

1. Administer all oaths required in the progress 
of an election. 

2. Appoint Judges and Clerks, if during the prog¬ 
ress of an election any Judge or Clerk ceases to act 
or becomes incapacitated from acting. [Amendment 
approved May 1, 1911.] 

Who May Administer Oaths. 

1146. Any member of the Board, or either Clerk 
thereof, may administer and certify oaths required 
to be administered during the progress of an elec¬ 
tion. 

Board and Clerks Must Be Sworn. 

1148. Before opening the polls, each member of 
the Board and each Clerk must take and subscribe 
an oath to faithfully perform the duties imposed 
upon them by law. Any elector of the township 
■may administer and certify such oath. 

Copies of Great Register Must Be Posted. 

1149. Before opening the polls the board must 
post, in some separate, convenient places, easy of 
.access, not less than four printed copies of the 


122 


ELECTION LAWS. 


precinct registers, as last printed. [Amendment 
approved March 18, 1905; in effect immediately.] 

Posted Copies Must Not Be Torn or Defaced. 

1150. The copies so posted must be maintained 
during the whole time of voting, and must not in 
any manner be torn or defaced. 

Board of Election. 

1151. The board or governing body charged with 
the conduct of elections shall appoint a board of 
elections for each special election or consolidated 
election precinct, to consist of two inspectors, two 
judges, and two clerks, for each municipal election 
provided for by Section 1044 of this Code, and a 
board of election for each such precinct to consist 
of one inspector, one judge, and two clerks for 
every special election provided for in said Section 
1044 of this Code, who shall apportion among 
themselves the work and labor required to conduct 
such election within their respective election pre¬ 
cincts. But one poll list, one tally list, and one 
copy of such tally list, as provided for in Section 
1261 of the Political Code, need be kept, and but 
one book of original affidavits of registration. 
These shall be returned to the proper officers with 
the official returns, in the same manner provided 
for the returns at a general election. Said election 
officers are to be apportioned equally between the 
two political parties which, respectively, cast the 
highest and next highest number of votes for Gov¬ 
ernor at the last preceding general State election. 
[Amendment approved January 9, 1912; in effect 
March 24, 1912.] 

OPENING AND CLOSING THE POLLS. 

Opening and Closing the Polls—Time of. 

1160. The polls must be opened at six o’clock 
a. m. of the day of election, and must be kept 
open until seven o 'clock p. m. of the same day, 
when the polls shall be closed, except as provided 


ELECTION LAWS. 


123 


in Section 1164 of this eode. [Amendment ap¬ 
proved May 27, 1913.] 

52 Cal. 73, 621; 108 Cal. Ill; 121 Cal. 480; 

135 Cal. 454. 

Ballot-Box Must Be Exhibited. 

1162. Before receiving any ballots the Board 
must, in the presence of any persons assembled at 
the polling place, open and exhibit and close the 
ballot-box; and thereafter it must not be removed 
from the polling place or presence of the bystand¬ 
ers until all the ballots are counted, nor must it be 
opened until after the polls are finally closed. 

108 Cal. 111. 

Proclamation That Polls Are Open. 

1163. Before the Board receive any ballots, they 
must cause it to be proclaimed aloud at the place of 
election that the polls are open. 

Proclamation That Polls Are Closed. 

1164. When the polls are closed that fact must 
be proclaimed aloud at the place of election; and 
after such proclamation, no ballot must be received; 
provided, however, that if at the hour of closing 
there are any other voters in the polling place, or 
in line at the door, who are qualified to vote and 
have not been able to do so since appearing, the 
polls shall be kept open a sufficient time to enable 
them to vote. But no one who shall arrive at the 
polling place after seven o’clock in the afternoon 
shall be entitled to vote, although the polls may be 
open when he arrives. [Amendment approved 
May 27, 1913.] 


124 


ELECTION LAWS. 


POLL LISTS. 

Poll Lists and Tally Lists—Form of. 

1174. The following is the form of poll lists and 
tally lists to be kept by Boards and Clerks of 
Election: 


Poll Lists. 

Of the election held in the Precinct of ——in 

the County of-, on the- day of-, in the 

year A. D. one thousand eight hundred and -. 

A. B., C. D., and E. E., Judges, and G. H. and J. K., 
Clerks of said election, were respectively sworn (or 
affirmed), as the law directs, previous to their enter¬ 
ing on the duties of their respective offices. 

Number and Name of Electors Voting. 


No. 

Name 

No. 

Name 

i 

A. B. 

3 

E. F. 

2 

C. D. 

4 

G. H. 


We hereby certify that the numbers of electors 
voting at this election amounts to -. 


Attest: 

G. H., A. B., 

J. K., C. D., *• 

Clerks. E. F., 

Board of Election. 





















ELECTION LAWS. 


125 


Tally Lists. 

Names of persons voted for, and for what office, 
containing the number of votes given for each can¬ 
didate: 



Representative 

Members of the Legislature. 

Governor. 

in 

Congress. 

Senate. 

Assembly. 






We hereby certify that A. B. had - votes for 

Governor, and C. D. had - votes for Governor; 

that E. P. had - votes for Representative in 

Congress, etc. 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

155 Cal. 297. 

Not to Be Rejected for Want of Form. 

1175. No list, tally, paper, or certificate returned 
from any election must be set aside or rejected for 
want of form, nor on account of its not being 
strictiv in accordance with the directions of this 

V 

title if it can be satisfactorily understood. 

77 Cal. 182. 

ELECTION TICKETS AND BALLOTS. 

Printing to Be at Public Expense. 

1185. All ballots cast in elections for public offi¬ 
cers within this State shall be printed and distrib¬ 
uted at public expense, as hereinafter provided. The 
printing of general tickets and cards of instruction 
to electors of each county, and the delivery of the 
same to the election officers, shall be a county 
charge, the payment of which shall be provided for 


















126 


ELECTION LAWS. 


in the same manner as the payment of other 
eounty expenses; and the printing and delivering 
of “ municipal tickets, ” and also in case of sep¬ 
arate elections for city, city and county, or town 
officers, the printing and delivering of cards of 
instruction, shall be a charge upon the respective 
city, city and county, or town in which such 
‘ ‘ municipal tickets 1 ’ and cards of instruction are 
to be used, the payment of which shall be provided 
for in the same manner as the payment of other 
city, city and county, or town expenses. 

122 Cal. 191. 

Nominations Other Than at a Primary Election. 

1188. A candidate for any public office for 
which no non-partisan candidate has been nomi¬ 
nated at any primary election may be nominated 
subsequent to said primary election, or in lieu of 
any primary election, in the manner following: a 
nomination paper containing the name of the can¬ 
didate to be nominated, with other information re¬ 
quired to be given in the nomination papers pro¬ 
vided for in the direct primary law enacted at the 
fortieth session of the legislature of the State of 
California, shall be signed by electors residing 
within the district or political subdivision for 
which the candidate is to be presented, equal in 
number to at least one per cent of the entire vote 
cast at the last preceding general election in the 
state, district or political subdivision for which 
the nomination is to be made, subject to the re¬ 
strictions % contained in said direct primary law. 
For the purposes of this section the provisions of 
said direct primary law, as said sections apply to 
the nominees for judicial, school, county, "and 
township officers, shall substantially govern as to 
the manner of the appointment of verification 
deputies, the form of nominating papers and the 
securing of signatures thereto, the fastening to¬ 
gether of sections of the nomination paper con¬ 
taining such signatures, and the filing thereof with 
the county clerk, or the certification thereto bv 


ELECTION LAWS. 


127 


the county clerk and transmission thereof to the 
secretary of state, as the case may be, the pay¬ 
ment of a filing fee, and all other things necessary 
to get the name of a candidate under this section 
upon the ballot, except that such provisions shall 
be directed toward getting the candidate’s name 
on the ballot for a general or •municipal election, 
and not on the ballot for nomination at a pri¬ 
mary election. In addition to the other matter 
required to be set forth on the candidate’s nomi¬ 
nation paper, it must also be set forth that each 
signer thereof has not voted at any primary elec¬ 
tion at which a candidate w r as nominated for the 
public office mentioned in the said certificate. 

Upon the filing of a sufficient nomination paper 
by any candidate nominated under the provisions 
of this section and the payment of the filing fees 
as hereinbefore provided, the name of such candi¬ 
date shall go upon the ballot at the ensuing gen¬ 
eral or municipal election according to the pro¬ 
visions of subdivision 2 of section 1197 of this 
code for the placing upon the ballot of names of 
candidates nominated 1 ‘ by petition. ’ ’ [Amendment 
approved June 14, 1913.] 

129 Cal. 328; 131 Cal. 267; 148 Cal. 168, 170; 
152 Cal. 435; 155 Cal. 783, 784, 785, 786, 
787. 

Certificate of Nomination, How Long Preserved. 

1191. The Secretary of State shall preserve in 
his office for a period of two years all certificates 
of nomination filed therein under the provisions of 
this Code; and each County Clerk shall preserve 
in his office for a like period all certificates of nom¬ 
ination filed therein under the provisions of this 
Code; and each Clerk or Secretary of the legislative 
body of any incorporated city or town shall for & 
like period preserve in his office all certificates of 
nomination filed therein under the provisions of 
this Code. 

46 Cal. 404; 67 Cal. 498; 92 Cal. 136. 


128 ELECTION LAWS. 

Certificates of Nomination—Time of Filing, Vacan¬ 
cies, Etc. 

1192. Certificates of nomination required to be 

filed with the Secretary of State or with the 
County Clerk shall be filed not more than sixty 
days and not less than thirty-five days before the 
day of election, -tfhen the nomination is made by 
electors, as provided in Section 1188 of this Code. 

Certificates of nomination required to be filed 
with the clerk or secretary of the legislative body 
of any city or town, shall be filed not more than 
fifty days nor less than twenty days before the 
day of election, when the nomination is made by 
electors as provided in section 1188 of thjs code. 
[Amendment approved June 14, 1913.] 

114 Cal. 483; 137 Cal. 480; 151 Cal. 409. 

Proposed Constitutional Amendments to Be Printed 

and Mailed to Voters. 

1195. Whenever the Legislature shall propose 
any amendment to the Constitution of this State, 
which amendment shall have been passed in the 
manner required by section one of article eighteen 
of the Constitution, the author of such amendment 
and one member of the same house who voted with 
the majority on the submission of such amendment 
and one member of the same house as the author 
who voted with the minority against the submission 
of such amendment, both of whom shall be selected 
by the presiding officer of such house, before the 
adjournment of the legislature and they shall with¬ 
in one year after the adjournment of the legislature 
prepare a brief statement showing the purpose of 
said amendment, and a comparative statement of 
the operation of the present section or article of 
the constitution, and the reasons advanced by the 
majority for its adoption, and the reasons advanced 
by the minority against its adoption, and any other 
reason why such amendment should be adopted, or 
be not adopted, and forward such article to the 
Secretary of State, and the Secretary of State shall 


ELECTION LAWS. 


129 


cause to be printed at the State printing office, in 
convenient form, one and one-half times as many 
copies of such statement as there are registered 
voters in this State, and in case the Legislature 
shall submit any proposition to a vote by the quali¬ 
fied electors of the State, the Secretary of State 
shall duly, and not less than twenty-five days before 
the election next ensuing, certify such amendment 
and proposition to the County Clerk of each 
county of the State and shall cause to be printed at 
the State printing office one and one-half times as 
many copies of 'said amendment and proposition as 
there are registered voters in the State, and at 
least thirty days before any election at which said 
proposition and amendment is to be voted on the 
Secretary of State shall furnish each County Clerk 
in the State with one and one-half times as many 
copies of said amendment, proposition and state¬ 
ment as there are registered voters in his county. 
The clerk of each county shall thereafter cause to 
be mailed to each voter a copy of such amendment 
or proposition and of said statement, at the same 
time, in the same manner and in the same envelope 
provided for in section one thousand two hundred 
and ten of this code, and no other publication of 
said amendment or proposition shall be necessary 
or authorized. [Amendment approved June 14, 
1913.] 

130 Cal. 92, 93. 

Manner of Printing Proposed Constitutional Amend¬ 
ments. 

1195a. The sheet or pamphlet containing the 
proposed constitutional amendments, provided for 

in Section 1195 of this Code, as well as any ques¬ 
tion, proposition or amendment to the constitution 
to be submitted to the people by either initiative 
or referendum petition, shall also contain the cor¬ 
responding constitutional provisions as then in 
force, if any, and the parts of the proposed amend¬ 
ment different from the existing provisions shall 
therein be distinguished in print, so as to facilitate 


130 


ELECTION LAWS. 


comparison. Three copies of the Constitution, in 
the form of pamphlets to be supplied by the Secre¬ 
tary of State, shall be kept at every polling place, 
while an election is in progress, so that they may be 
freely consulted by the electors. All questions, 
propositions and constitutional amendments which 
are to be submitted to a vote of the electors shall 
be printed on said sheets or pamphlets, so far as 
possible, in the same manner and form in which the 
same shall be designated upon the ballot and shall 
be designated thereon by the ballot title or designa¬ 
tion which may be provided therefor. Said ballot 
title shall be printed on the sheets and pamphlets 
herein referred to immediately piior to the partic¬ 
ular question, proposition or constitutional amend¬ 
ment therein referred to. There shall also be 
printed on said sheets and pamphlets the copy of 
said ballot title or designation as the same will ap¬ 
pear on the ballots when voted on in the order and 
with the proper number which ballot title or desig¬ 
nation shall be the method by which said questions, 
propositions and constitutional amendments shall be 
designated on the ballots. [Amendment approved 
June 14, 1913.] 

County Clerk to Provide Ballots—Ballot Paper. 

1196. Except as in this Code otherwise provided, 
it shall be the duty of the County Clerk of each 
county to provide ballots for every election of pub¬ 
lic officers, except elections for city or town officers, 
in which electors, or any of the electors, within the 
county participate, and to cause to be printed in the 
appropriate ballot the name of every candidate 
whose name has been certified to or filed with the 
County Clerk, in the manner provided for by law, 
together with the names certified by the secretary 
of state to have received in the respective parties, 
the highest number of votes for United States Sen¬ 
ator. Ballots other than those printed by the re¬ 
spective County Clerks, or the Clerk or Secretary 
of the legislative body of any incorporated city or 
town, according to the provisions of this Code, shall 


l 


ELECTION LAWS. 


131 


Q.ot be east nor counted at any election. It shall be 
the duty of the County Clerk of any consolidated 
city and county to provide separate ballots for 
every election for city and county officers in 
which the electors, or any of the electors, of 
such city and county participate, and to cause 
to be printed on such separate ballots the name 
of every candidate for a city and county office 
whose name has been filed with the proper officer 
in the manner provided by law. It shall be the 
duty of the Clerk or Secretary of the legislative 
body of any incorporated city or town to provide 
separate ballots for every election for city or town 
officers in which the electors, or any of the electors, 
of such city or town participate, and to cause to 
be printed in such separate ballots the name of 
every candidate whose name has been filed with 
such Clerk or Secretary in the manner provided for 
by law. All ballots shall be not to exceed twenty- 
four inches in length, and shall be of sufficient width 
to contain in parallel columns four inches in width 
the names of all candidates nominated, and below 
the printed list of candidates for each office, the 
necessary blank space or spaces to permit an elector 
to write in the names of persons whose names are 
not printed on the ballot, and to contain in a sep¬ 
arate column or columns of sufficient width state¬ 
ments of all questions, propositions or constitu¬ 
tional amendments to be submitted to vote of the 
electors, and shall be printed on tinted paper 
furnished by the Secretary of State. It shall be 
the duty of the Secretary of State to obtain, and keep 
on hand, a sufficient supply of paper for ballots, and 
to furnish the same, in quantities ordered, to any 
County Clerk, or Clerk, or Secretary of the legis¬ 
lative body of any incorporated city or town, upon 
payment by them of the cost of such paper. Such 
paper shall be watermarked with a design to be 
furnished by the Secretary of State, in such manner 
that the said watermark shall be plainly discernible 
on the outside of such ballot when folded accord¬ 
ing to law. Such design shall be kept secret from 


132 


ELECTION LAWS. 


all persons not engaged in the preparation, printing, 
or distribution of the paper or ballots, until the 
day of election. Such design shall be changed for 
each general election, and the same design shall not 
be used again at any general election within the 
space of fourteen years; but at any special or sepa¬ 
rate local election, paper marked with the design 
used at the previous election may be used. Nothing 
in this Code contained shall prevent any voter 
from writing upon his ballot the name of any per¬ 
son for whom he desires to vote for any office, and 
such vote shall be counted the same as if printed 
upon the ballot, and marked as voted for. [Amend¬ 
ment approved March 20, 1911.] 

Form of Ballot. 

1197. There shall be provided at each polling 
place, at each election at which public officers are 
voted for, but one form of ballot for all the can¬ 
didates for public office, and every ballot shall con¬ 
tain the names of all the candidates whose nomina¬ 
tions for any office specified on the ballot have 
been duly made and not withdrawn, as provided by 
law, together with the title of the office, arranged 
to conform as nearly as practicable to the plan 
hereinafter set forth. 

2. The order in which the list of offices shall 
appear on the ballot shall, as to state offices and 
district offices, when the district includes more than 
one county, be determined by the Secretary of State, 
and shall as nearly as may be practicable be the 
same for all counties. The order in which the list 
of county offices or district offices embracing one 
county or less, shall appear on the ballot, shall be 
determined by the county clerk. 

(a) If the office is an office the candidate^ for 
which are to be voted on throughout the entire 
state, including United States senator in congress, 
the secretary of state shall arrange the names of 
all candidates for such office in alphabetical order 
for the first assembly district; and thereafter for 
each succeeding assembly district, the name appear- 


ELECTION LAWS. 


133 


ing first for each office in the last preceding district 
shall be placed last, the order of the other names 
remaining unchanged; provided, however, that the 
names of candidates for the office of electors for 
president and vice-president shall be arranged in 
groups as presented in the several certificates of 
nomination, and the secretary of state shall arrange 
such groups for the first assembly district in the 
alphabetical order of the names standing at the 
head of each of such groups as the first name 
therein; and, thereafter, for each succeeding assem¬ 
bly district, the group appearing first shall be 
placed last, the order of the groups remaining 
unchanged; but the order of the names within each 
of the several groups shall remain the same as 
presented in the several certificates of nomination, 
and shall remain the same for all assembly districts. 

A blank column one-half inch wide shall be left 
upon the ballot opposite each group of names of 
candidates for electors for president and vice-presi¬ 
dent, and to the right of the column of voting 
squares for the individual names and separated 
from it by a light dotted line, which blank column 
shall contain a square in which may be stamped a 
cross (X) which shall be counted as a vote for 
each and every name in the group opposite. 
Lengthwise along this blank column shall be printed 
in heavy face type “A cross (X) stamped in this 
square shall be counted for each name of the group 
to the left . 1 ’ The line separating any group of 
names from any other group shall be heavier than 
any line separating the individual names in each 
group, and shall extend across the blank column 
provided for in this paragraph. Below the top line 
of this extension shall be printed in small heavy 
face type the words “top of group,” and above the 
bottom line of the extension, the words “end of 
group. ” 

If the office is that of representative in congress, 
or is an office the candidates for nomination to 
which are to be voted on in more than one county or 
city and county, but not throughout the entire state, 


134 


ELECTION LAWS. 


except the office of state senator or assemblyman, 
the secretary of state shall arrange the names of all 
candidates for such office in alphabetical order for 
that assembly district which is lowest in numerical 
order of any assembly district in which such candi¬ 
dates are to be voted on; and thereafter for each 
succeeding assembly district in which such candi¬ 
dates are to be voted on, the name appearing first 
for such office in the last preceding district shall 
be placed last, the order of the other names re¬ 
maining unchanged. 

In certifying to each county clerk or registrar of 
voters the list of names as required in section 23 
of the primary election law the secretary of state 
shall certify and transmit the list of candidates for 
each office according to assembly districts, in the 
order of arrangement as determined by the above 
provisions; and in case of each county or city 
and county containing more than one assembly dis¬ 
trict, he shall transmit separate lists for each as¬ 
sembly district. Except for the office of state sen¬ 
ator or assemblyman, the order in which the names 
so certified shall appear upon the ballot, shall be for 
each assembly district the order as determined by 
the secretary of state in accordance with the above 
provisions, and as certified and transmitted by him 
to each county clerk or registrar of voters. 

(b) If the office is an office to be voted on 
wholly within one county or city and county, except 
the office of representative in congress or state sen¬ 
ator or assemblyman, the county clerk of such 
county or the registrar of voters of such city and 
county, shall arrange the names of all candidates for 
such office in alphabetical order, which order shall 
be the order of names upon the ballots; provided 
there is no more than one assembly district in such 
county, or city and county. If there is more than 
one assembly district in such county or city and 
county, the county clerk or registrar of voters shall 
so arrange on the ballot the order of names of all 
candidates for such office that they shall appear in 
alphabetical order for that assembly district in such 


ELECTION LAWS. 


135 


county, or city and county, which is lowest in nu¬ 
merical order, and thereafter for each succeeding 
assembly district in such county, or city and county, 
the name appearing first for each office in the last 
preceding assembly district shall be placed last, the 
order of the other names remaining unchanged. 

(c) If the office is that of state senator or as¬ 
semblyman, the names of all candidates for such 
office shall be placed upon the ballot in alphabetical 
order. 

(d) If the office is a municipal office in any city 
or town whose charter does not provide for the 
order in which names shall appear on the ballot, 
the names of candidates for such office shall be 
placed upon the ballot in alphabetical order. 

If the nomination of a candidate for any office 
shall be made by petition, filed within the time and 
manner provided by law, but subsequent to the 
determination of the order in which names of can¬ 
didates shall appear on the ballot, the name of 
such candidate with the word “Independent” 
printed to the right thereof, shall be placed on the 
ballot next below the names of the other candi¬ 
dates for the same office; provided, however, that in 
the case of judicial officers and school officers the 
word “Independent” shall be omitted. 

3. The order in which all questions and proposi¬ 
tions (including proposed laws and constitutional 
amendments), which are to be submitted to the 
vote of the electors, shall appear upon the ballot 
shall be determined by the Secretary of State. The 
Attorney General shall provide and return to the 
Secretary of State a ballot title or designation by 
which all such questions, propositions, proposed 
laws and constitutional amendments shall be desig¬ 
nated upon the ballot; provided, however, any per¬ 
son who is interested in the question, proposition, 
proposed law or constitutional amendment the peti¬ 
tion as to which is being circulated for the purpose 
of having the same submitted under an initiative 
petition, as provided in section one of article T\ of 
the constitution, to a vote of the electors, or any 


136 


ELECTION LAWS. 


proposed constitutional amendment to be submitted 
to a vote of the electors, may, at any time prior to 
one hundred and thirty days before the election at 
which such question, proposition, proposed law or 
constitutional amendment is to be submitted to a 
vote of the electors, file a copy of said question, 
proposition, proposed law or proposed constitutional 
amendment with the Secretary of State, together 
with a request that a ballot title be prepared for 
the same; such request shall be accompanied with 
the address of the person or association of persons 
proposing such measure. The Secretary of State 
shall forthwith transmit a copy of said question, 
proposition, proposed law or constitutional amend¬ 
ment to the Attorney General. Within ten days 
after the same is filed with him, said Attorney Gen¬ 
eral shall provide and return to the Secretary of 
State a ballot title for said measure. The ballot 
title may be distinguished from the legislative or 
other title of the measure and shall express in not 
exceeding one hundred words, the purpose of the 
measure. In making such ballot title, the Attor¬ 
ney General shall give a true and impartial state¬ 
ment of the purpose of the measure and in such 
language that the ballot title shall not be an argu¬ 
ment. or likely to create prejudice either for or 
against the measure. Immediately upon receipt of 
the ballot title as prepared by the Attorney Gen¬ 
eral, the Secretary of State shall mail to anv and 
all persons who may have requested the preparation 
of such ballot title, a notice addressed to such per¬ 
son or persons at the address accompanying such 
request, stating that the Attorney General has made 
and returned such ballot title, which notice shall 
also contain a copy of the ballot title as prepared 
by the Attorney General. Any person who is dis¬ 
satisfied with the ballot title prepared by the Attor¬ 
ney General for any such question, proposition, pro¬ 
posed law or constitutional amendment may, after 
the same lias been returned to the Secretary of 
State as hereinbefore provided, and within ten days 
after said notice shall have been mailed by the Sec- 


ELECTION LAWS. 


137 


ret ary of State, as above provided, file in writing 
with the Secretary of State his objections, who shall 
forthwith file a copy of such question, proposition, 
proposed law or constitutional amendment, together 
with the title thereof as so prepared by the Attor¬ 
ney General and the said objections thereto, with 
the board of title commissioners, which board shall 
consist of the three justices of the district court of 
appeal of the State of California, in and for the 
third appellate district, who shall be ex officio title 
commissioners for the purposes of this act and 
which board is hereby created; said board shall fix 
a time at which any person may be heard either 
for or against the objection so made and shall no¬ 
tify all persons of the time so set and thereupon 
said board of title commissioners shall proceed to 
consider the said title prepared by the Attorney 
General and the objections filed thereto, and shall 
prepare a title by which such question, proposition, 
proposed law or constitutional amendment shall be 
designated upon the ballot. Said title commission¬ 
ers shall certify the said designation to the Secre¬ 
tary of State within ten days after said written ob¬ 
jections have been received by them. The determi¬ 
nation by the said board of title commissioners 
shall be final and conclusive. Such questions, prop¬ 
ositions, proposed law and constitutional amend¬ 
ments shall be designated on the ballot by the said 
ballot title certified to the Secretary of State by the 
said Attorney General, or in case a different title 
has been prepared, certified and filed by the said 
board of title commissioners, then such title shall 
be the title and designation by which any such 
question, proposition, propqsed law or constitutional 
amendment shall be designated upon the ballot. 

4. All ballots shall be not to exceed twenty-four 

inches in length, and shall be four inches in width, 
and as many times such width as may be necessary 
to contain the names of all candidates nominated, 
with proper blank spaces to allow the voter to 
write in names not printed on the ballot, and also a 
separate column or columns of sufficient width for 


138 


ELECTION LAWS. 


statements of all questions, propositions or consti¬ 
tutional amendments submitted to vote of the 
electors. Each group of candidates to be voted 
on shall be headed by the designation of the office 
and the words “Vote for 006” or “Vote for 
Two” or more, according to the number to be • 
selected to such office; such designation of the office 
and of the number of candidates to be voted for 
shall be printed in heavy faced gothic type, not 
smaller than ten point. The word or words desig¬ 
nating the office shall be printed flush with the left 
hand margin and the words “vote for one” or 
“vote for two” or more, as the case may be, shall 
extend to the extreme right of the column and 
over the voting square. The designation of the 
office and the directions for voting shall be sepa¬ 
rated from the names of the candidates by a light 
line. The names of the candidates for such office 
shall be printed in eight point Roman type (cap¬ 
itals) in proper order below the designation of the 
office, and in the same line in which the name of 
the candidate is printed and at the right of the 
name, or immediately below the name if there 
shall not be sufficient space to the right thereof, 
shall be printed in eight point Roman type (lower 
case) the designation of the political party or 
parties by or on behalf of which such candidate has 
been nominated; provided that when a candidate 
has been nominated by petition, the word, “Inde¬ 
pendent,” shall be printed to the right of his name, 
and provided also, that as to candidates for 
judicial offices, and school offices the designation of 
the political party or parties, or the word “Inde¬ 
pendent,” if there be an independent candidate, 
shall be omitted. The name of the candidate, and the 
designation of the political party or parties by 
which he has been nominated shall be printed in a 
space one-half inch in depth, and shall be defined 
by light horizontal ruled lines, with a blank space 
on the right thereof one-half inch square, which 
blank space (called the voting square) shall be 
made use of by the voter to designate, by stamp- 


ELECTION LAWS. 139 

ing a cross (X) therein and after the name of the 
candidate, his choice of particular candidates. 

5 . The names of the candidates for an office 

shall not be separated from each other on the 
ballot by names of candidates for any other office, 
and the list of candidates for each office shall be 
separated from the lists of candidates for other 
offices by a double rule, above and below such list. 
Each series of the lists of candidates for the several 
offices shall be headed by the word “State ,” 
“ Congressional,’ ’ “ Legislative,' ’ “County,” or 

“Municipal’’ or other proper general classification, 
as the case may be, printed in heavy faced gothic 
capital type, not smaller than twelve point, each 
such word being separated from the names of the 
candidates beneath by a three point line. 

6. The left hand side of each column of names 

on the ballot and also the right hand side of each 
column of voting squares, shall be bordered by a 
broad printed line one-twelfth of an inch wide, 
and the edge of the ballot on the left hand side 
thereof shall be trimmed off up to the first border 
or solid line, on the left hand side of the ballot, and 
on the right hand side of the ballot shall be per¬ 
forated along the border, or solid line above de¬ 
scribed. The ballot shall be so printed as to give 
each voter a clear opportunity to designate by 
stamping a cross (X) in a blank inclosed space, 
hereinbefore designated as the voting square, on the 
right of and after the name of each candidate 
whose name is printed on the ballot, his choice of 
particular candidates, or his choice of each and all 
of a group of candidates as provided in subdivi¬ 
sion 2 of this section. The ballot shall be printed 
on the same leaf with a stub and separated there¬ 
from by a perforated line across the top of the 
ballot. On each ballot a perforated line shall ex¬ 
tend from top to bottom, along the border or solid 
line hereinbefore described, one-half inch from the 
right hand side of the ballot, and upon the half¬ 
inch strip thus formed there shall be no printing 


140 


ELECTION LAWS. 


except the number of the ballot, which shall be 
upon the back of such strip in such position that 
it will appear on the outside when the ballot is 
folded. The number on each ballot shall be the 
same as that on the corresponding stub, and the 
ballots and stubs shall be numbered consecutively 
in each county. All ballots printed by county 
clerks or registrars of voters other than the sep¬ 
arate ballots containing the names only of candi¬ 
dates for city and county offices, printed by the 
county clerks or registrars of voters of consolidated 
cities and counties, shall have printed on the back, 
below the stub, and immediately at the left of the 
center of the ballot, in eighteen point gothic capi¬ 
tals, the words “ General Ticket,” and underneath 
the respective number of congressional, senatorial 
and assembly districts in which each ballot is to be 
voted; and all ballots printed by county clerks or 
registrars of voters of consolidated cities and 
counties containing the names of candidates for 
city and county offices, and also all ballots printed 
by the clerks, registrars of voters or secretary of a 
legislative body or any incorporated city or town, 
shall have printed in the same manner, on the back, 
the words, “Municipal Ticket.” 

All municipal ballots shall be printed upon paper 
of a different tint from that of the general ballot. 

7. All of the ballots of the same sort prepared by 
any county clerk or registrar of voters, or clerk or 
secretary of a legislative body, or other person 
having charge of the preparing of such ballots, for 
the same polling place, shall be precisely the same 
size, arrangement, quality and tint of paper, and 
kind of type, and shall be printed with black ink 
of the same tint, so that without the numbers on 
the stubs it shall be impossible to distinguish any 
one of the ballots from the other ballots of the same 
sort; and the names of all candidates printed upon 
the ballot shall be in type of the same size and 
character. 

8. If two or more officers are to be elected for 
the same office for different terms, the term for 


ELECTION LAWS. 


141 


which each candidate for such office is nominated 
shall be printed on the ballot as a part of the title 
of the office. If at a general election an office is 
to be filled for a full term, and also for a vacancy 
in another term the list of candidates for the full 
term shall be placed on the ballot under the desig¬ 
nation of the office with the words “full term” 
printed immediately thereafter and the list of can¬ 
didates to fill the vacancy shall be placed on the 
ballot under the designation of the office with the 
words “short term 7 ’ printed immediately there¬ 
after. 

9. Whenever any question, proposition or con¬ 
stitutional amendment is to be submitted to the 
vote of the electors, there shall be printed at the 
right of the last column of names of candidates, 
another column, of sufficient width, with voting 
squares, in which such question, proposition or con¬ 
stitutional amendment shall be designated, which 
designation shall consist of a statement prepared as 
hereinbefore provided for, and opposite such ques¬ 
tion, proposition or constitutional amendment to be 
voted on, in separate lines, the words “Yes” and 
“No” shall be printed. If an elector shall stamp 
a cross (X) in the voting square after the printed 
word “Yes,” his vote shall be counted in favor of 
the adoption of the question, proposition or con¬ 
stitutional amendment; if he shall stamp a cross (X) 
after the printed word “No,” his vote shall be 
counted against the adoption of the same. 

10. On the top of the face of the ballot the fol¬ 
lowing directions shall be printed: 

Instructions to Voters; 

To vote for a candidate of your selection, stamp 
a cross (X) in the voting square next to the right 
of the name of such candidate. Where two or 
more candidates for the same office are to be elected, 
stamp a cross (X) after the name of all the candi¬ 
dates for that office for whom you desire to vote 
not to exceed, however, the number of candidates 
who are to be elected. If the ballot does not con- 


142 


ELECTION LAWS. 


tain the names of candidates for all offices for which 
yon may desire to vote, you may vote for candidates 
for such offices so omitted by writing the name of 
the candidate for whom you wish to vote in the 
blank space left for that purpose. To vote for a 
person not on the ballot, write the name of such 
person under the title of the office in the blank 
space left for that purpose. 

To vote on any question, proposition or consti¬ 
tutional amendment, stamp a cross (X) in the vot¬ 
ing square after the word “Yes” or after the 
word “No.” All marks, except the cross (X) are 
forbidden. All distinguishing marks or erasures are 
forbidden and make the ballot void. 

If you wrongly stamp, tear or deface this ballot, 
return it to the inspector of election and obtain 
another. 

In elections when electors of president and vice- 
president of the United States are to be chosen, 
there shall be placed upon the ballot in addition to 
the instructions to voters as above provided, an 
additional instruction as follows: To vote for 
all or a group of persons, stamp a cross (X) in the 
square opposite such group, this instruction appear¬ 
ing immediately before the words: “To vote for a 
person not on the ballot.” 

11. Except as to the order of the names of candi¬ 
dates, the ballots shall be printed substantially in 
the following form: 

(Face of ballot on insert.) 

(Indorsement on back of ballot) 

General Ticket. 

Seventh Congressional District. 

Thirty-eighth Senatorial District. 

Seventy-second Assembly District. 

« % 

[Amendment approved .June 14, 1913.] 

58 Cal. 526; 96 Cal. 372; 108 Cal. 109; 114 
Cal. 309; 130 Cal. 92; 3 36 Cal. 267; 137 
Cal. 480; 153 Cal. 545; 6 Cal. App. 125, 
127; 8 Cal. App. 678. 


'■am GlurtMVM 




























































































































































SEVENTH CONGRESSIONAL DISTRICT 
THIRTV-EIGHTH SENATORIAL DISTRICT 
SEVENTY-SECOND ASSEMBLY DISTRICT 


(Endorsement on back) 

GENERAL TICKET 





ELECTION LAWS. 


143 


Ballots to Be Bound and Recorded. 

1198. All ballots, when printed, shall be bound 

in stub books, each book to consist of ten, or some 
multiple of ten, ballots, and so issued. A record of 
the number of ballots printed by them shall be kept 
by the respective County Clerks, and by the Clerk 
or Secretary of the legislative body of each incor¬ 
porated city or town. [Amendment approved April 
23, 1913.] 

Number to Be Provided—Unused Ballots. 

1199. The County Clerk or Registrar of Voters of 
each county shall provide for each election precinct 
in the county ten general tickets for every eight or 
fraction of eight electors registered in the election 
precinct for such election; and an additional ten 
ballots for each election precinct that has less than 
thirty registered electors; provided that no ballot 
pad used or provided for any election shall contain 
less than ten general tickets for such election; and 
in case of a consolidated city and county, an equal 
number of municipal tickets, when any city and 
county officers are to be elected; and the Clerk or 
Secretary of the legislative body of any incorpor¬ 
ated city or town shall furnish a like number of 
municipal tickets when any city or town officer 
is to be elected. And upon the day of an election, 
immediately upon the arrival of the hour when 
the polls are required by law to be closed, the 
County Clerk in each county shall openly, in his 
main office, in the presence of as many persons as 
may there assemble to observe his act, proceed to 
destroy every unused ballot which shall have re¬ 
mained in his possession, custody, or control, and 
forthwith make and file his affidavit, in writing, as 
to the number of ballots so destroyed. [Amend¬ 
ment approved April 23, 1913.] 

Errors in Ballots to Be Corrected, How. 

1200. Whenever it shall appear by affidavit that 
an error or omission has occurred in the publication 


144 


ELECTION LAWS. 


of the name or description of the candidates nomi¬ 
nated for office, or in the printing of the ballots, 
the Superior Court of the county, or the Judge 
thereof, shall, upon application by any elector, by 
order, require the County Clerk to correct such 
error, or to show cause why such error should not 
be corrected. 

Delivery of Ballots—Procedure When Ballots Are 
Lost. 

1201. Before the opening of the polls at any 
election within any county, the County Clerk of 
the county shall cause to be delivered to the 
Boards of Election of each election precinct which 
is within the county, and in which the election is 
to be held, at the polling place of the election pre¬ 
cinct, the proper number of general tickets of 
the kind to be used in the election precinct, in 
sealed packages, with marks on the outside clearly 
designating the precinct or polling place, for 
which they are intended, and the number of bal¬ 
lots inclosed, and in case of a consolidated city 
and county, also a like number of municipal tick¬ 
ets; and the Clerk or Secretary of any incorporated 
city or town shall in like manner cause to be de¬ 
livered the proper number of municipal tickets. 
The County Clerk, Clerk, or Secretary shall pre¬ 
pare a receipt for each polling place, enumerating 
the packages and stating the time and day and 
date when the same were delivered by him to the 
Inspectors of Election. The Inspectors of Election 
shall sign said receipt upon receipt of the packages, 
which shall forthwith be returned and filed. The 
County Clerk, Clerk, and Secretary, respectively, 
shall have authority to employ such messengers as 
may be necessary to insure the safe and expedi¬ 
tious delivery of the ballots to the Inspectors or 
Judges of Election, as provided in this Code, and 
the Board of Supervisors, or other Board or body 
having the control of elections, shall allow such 
messengers a reasonable compensation for their 


ELECTION LAWS. 


145 


services, to be paid as other election expenses are 
paid. In case of the prevention of an election 
in any precinct by the loss or the destruction of the 
ballots intended for that precinct, the Inspector, or 
other election officer for that precinct, shall make 
an affidavit setting forth the fact, swear to the 
same before an officer authorized to administer 
oaths, and transmit it to the Governor of this State. 
Upon receipt of such affidavit, the Governor may 
order a new election in such precinct, and upon the 
application of any candidate for any office to be 
voted for by the electors of such precinct, the 
Governor shall order a new election in such pre¬ 
cinct. 

Booths, Ballot-Boxes and Supplies. 

1203. All officers upon whom is imposed by the law 
of the State the duty of designating polling places, 
shall cause such polling places to be suitably pro¬ 
vided with a ballot-box, to be marked on the outside 
“General Tickets ,” and when any city, city and 
county, or tow r n officers are to be elected, a second 
ballot-box, to be marked on the outside “Municipal 
Tickets”; and shall also provide a sufficient number 
of places, booths, or compartments, at or in which 
voters may conveniently mark their ballots, so that 
in the marking thereof they may be screened from 
the observation of others, and a guard rail shall be 
so constructed and placed that only such persons as 
are inside said rail can approach within six feet of 
the ballot-boxes, and of such booths or compart¬ 
ments. The arrangements shall be such that neither 
the ballot-boxes nor the box booths or compart¬ 
ments Bhall be hidden from the view of those just 
outside the said guard rail. The number of such voting 
booths or compartments shall not be less than one 
for every forty electors qualified to vote in the pre¬ 
cinct. No person other than electors engaged in 
receiving, preparing, or depositing their ballots shall 
be permitted to be within said rail before the clos¬ 
ing of the polls, except by authority of the Board 


146 


ELECTION LAWS. 


of Election, and then only for the purpose of keep¬ 
ing order and enforcing the law. Each of said vot¬ 
ing booths or compartments shall be kept provided 
with proper supplies and conveniences for marking 
the ballots. 

And the election officers shall especially see that 
the stamp and inkpads required are at all times in 
such booths and in condition for proper use; and 
all officers upon whom is imposed by the law the 
duty of designating polling places, shall supply each 
polling place with several stamps and several ink- 
pads for each booth, and such stamps shall be so 
made that a cross (X) may be made with either 
end of such stamp, and the same must be so con¬ 
structed that the portion with which such cross (X) 
is to be made shall not be fastened on by any glue 
or like substance which, may loosen when wet, but 
the said stamp shall be one solid piece. [Amend¬ 
ment approved March 28, 1895; in effect immedi¬ 
ately.] 

136 Cal. 399. 

Manner of Voting. 

1204. Any person desiring to vote shall write his 
or her name and address (or if he or she be unable 
to write, shall have the same written for him or 
her) on a roster of voters provided for that purpose 
and announce the same to one of the election offi¬ 
cers, who shall then in an audible tone of voice an¬ 
nounce the same, and if another election officer finds 
the name on the register, he shall in a like manner 
repeat the name and address, whereupon a challenge 
may be interposed as provided in section 1230 of 
this Code. In case the surname of any female per¬ 
son offering to vote has been changed by reason of 
marriage or divorce since registration such person 
shall sign her name as it was before such marriage 
or divorce and also her name as it is at the time she 
votes, indicating on the roster by brackets or other 
means, that the two names are the name of one 
person. In all cases except in those where the name 
and address of the voter is written on the roster of 


ELECTION LAWS. 


147 


voters for him, as above provided, it shall be the 
duty of the election officer, in the presence and view 
of the bystanders to compare the signature of the 
voter on the roster of voters with the signature oi 
that person on the register and no ticket shall be 
given such voter until such comparison of signatures 
shall have been made and until such a comparison 
has been made, as aforesaid, the right of a voter to 
vote may be challenged. If the challenge be over¬ 
ruled, the election officer shall give the voter a 
ticket and the elerk shall write on the register oppo¬ 
site the name of the voter the number of the general 
ticket given him and also the number of the 
municipal ticket given him when any city, city 
and county or town officer is to be elected and the 
voter shall be allowed to enter the place enclosed 
by the guard rail as above provided. The election 
officer shall give him but one general ticket and 
where any city, city and county or town officers 
are to be elected also one municipal ticket and only 
one ballot of each kind and in order to prevent 
voters from marking their ballots with a pencil, or 
otherwise contrary to law, it shall be the duty of 
the election officer whenever he shall deliver a 
ballot to any voter to then orally distinctly state to 
him, so that it may be heard by the bystanders, 
that he must mark the ballot with the stamp pro¬ 
vided by law or it will not be counted. [Amend¬ 
ment approved June 14, 1913.] 

83 Cal. 75; 91 Cal. 532; 136 Cal. 400. 

Manner of Voting. 

1205. On receiving his ballot the elector shall 
forthwith, and without leaving the enclosed space, 
retire alone to one of the places, booths or compart¬ 
ments provided, to prepare his ballot. In voting he 
shall stamp a cross (X) in the voting square 
after the name of every candidate for whom 
he intends to vote, and this shall be counted as a 
vote for each person after whose name the voter 
has stamped such cross, or he may vote for a candi¬ 
date or person whose name is not printed on the 


148 


ELECTION LAWS. 


ballot by writing a name for such office in the 
blank space left therefor, in which latter case the- 
vote of such voter for that office shall be counted 
for the person whose name is so written. Where 
two or more candidates for the same office are to. 
be elected, and the voter desires to vote for candi¬ 
dates for that office, he must stamp a cross (X) 
after the names of all the candidates for that office 
for whom the voter desires to vote, not exceeding, 
however, the number of candidates who are to be 
elected. 

In case of a question, proposition or constitu¬ 
tional amendment, submitted to the vote of the 
electors, the voter shall mark his ballot by stamping 
in the appropriate voting square a cross (X) op¬ 
posite the answer he desires to give as to such 
question, proposition or constitutional amendment. 
All crosses shall be made only with a stamp, which 
with necessary pads and ink, shall be provided by 
the officers who by law are required to furnish 
election supplies for each booth or compartment 
provided for the marking and preparation of ballots. 
Before leaving such booth or compartment the 
elector shall fold his ballot in such a manner that 
the number of the ballot and the endorsement on. 
the back shall appear on the outside thereof,, 
without displaying the marks on the face there¬ 
of, and shall keep it folded until he has voted. 
Having folded his ballot, the voter shall deliver it 
folded to the Inspector, who shall announce in an 
audible tone of voice the name of the voter and 
the number of his ballot. If the Ballot Clerk having 
in charge the register or affidavits of registration 
finds such number to correspond with the number 
marked opposite the voter’s name on the register 
or affidavit of registration, he shall, in like manner, 
repeat the name and number, and shall write oppo¬ 
site the name the word “voted.” The Inspector 
shall then separate the slip containing the number 
from the ballot, deposit the ballot in the box and 


ELECTION LAWS. 


149 


immediately destroy such numbered slip. [Amend¬ 
ment approved March 20, 1911.] 

96 Cal. 372; 108 Cal. 109; 136 Cal. 400; 138 
Cal. 22; 145 Cal. 333; 11 Cal. App. 586. 

Booths—How Occupied. 

1206. Not more than one person shall be permitted 
to occupy any one booth at one time, and no per¬ 
son shall remain in or occupy a booth longer than 
necessary to prepare his ballot, and in no event 
longer than ten minutes. 

Spoiled Ballots. 

1207. Any voter who shall spoil a ballot shall re¬ 
turn such spoiled ballot to the Ballot Clerk and 
receive another one in its place, one at a time, not 
to exceed three in all. All the ballots thus returned 
shall be immediately canceled, and, with those not 
distributed to the voters, shall be returned with 
the registered list and ballots, as now provided in 
sections one thousand two hundred and sixty-three 
and one thousand two hundred and sixty-four of 
this Code. Every elector who does not vote the 
ballot delivered to him shall, before leaving the poll¬ 
ing place, return such ballot to the Ballot Clerks 
having charge of the ballots, who shall immediately 
cancel the same and return them in the same man¬ 
ner as spoiled ballots. The Ballot Clerks shall ac¬ 
count for the ballots delivered to them by returning 
a sufficient number of unused ballots to make up, 
when added to the number of official ballots cast and 
the number of spoiled ballots returned, the number of 
ballots given to them, and it shall be the duty of 
the officers receiving such returned ballots to com¬ 
pel such an accounting; and immediately upon the 
closing of the polls, and before any ballot shall be 
taken from the ballot boxes, or either thereof, the 
Ballot Clerks must, in the presence of all persons 
in the room who may desire to observe the same, 
proceed to deface every unused or spoiled ballot, by 
drawing across the face thereof, in writing ink, 


150 


ELECTION LAWS. 


with a pen, two lines which shall cross each other, 
and said Ballot Clerks shall thereupon immediately, 
and before any ballots be taken from the ballot-box^ 
or either thereof, place all said ballots thus defaced 
within an envelope and seal said envelope, and 
thereupon a majority of the election officers shall 
immediately write their names across the sealed 
portion of said envelope. [Amendment approved 
March 28, 1895, in effect immediately.] 

46 Cal. 405; 91 Cal. 531; 108 Cal. 110; 138 
Cal. 21. 

Voters Assisted—How. 

1208. When it appears from the register that any 
elector has declared under oath, when he registered, 
that he cannot read, or that by reason of physical 
disability he is unable to mark his ballot, he shall, 
upon request, receive the assistance of two of the 
officers of election, of different political parties, in 
the marking thereof, to be chosen as follows : One 
by the Inspector then receiving the ballots, and the 
other by the Judge of the opposite political party 
which at the last election cast the highest number 
of votes throughout the State, and in the event 
there are more Judges than one of said party, then 
by the one of said Judges who shall be named by 
said Inspector. Neither of the persons appointed 
shall be of the same political party with the person 
appointing, nor shall either of said persons so 
making said appointments appoint the other for 
said purposes. Such officers shall thereafter give 
no information regarding the marking of said bal¬ 
lot. The officers making such appointments shall 
make the same in writing, and sign the same, and 
upon the same paper the persons so appointed shall 
subscribe and take the following oath before assist¬ 
ing such elector: 

State of California, county of-, Assembly 

district number -, - precinct.—ss. 

- and -, being duly sworn, each 

for himself, says that he is one of the officers of 







ELECTION LAWS. 


151 


election appointed to assist - (here insert 

name of the elector) in marking his ballot, and that 
he will not give any information, now or hereafter, 
regarding the same. 


Subscribed and sworn to before me, this 
day of -, A. D. -. 


Said affidavits may be sworn to before any officer 
of election competent to administer an oath, and 
the same, with the indorsements thereon, shall be 
returned to the County Clerk, as provided in sec¬ 
tion one thousand two hundred and sixty-one of 
this Code. 

Lists of the voters who have been assisted in 
marking their ballots shall be kept by the Clerks 
keeping the poll lists, and shall be returned and 
preserved as the poll lists are returned and pre¬ 
served. As amended March twenty-third, eighteen 
hundred and ninety-three. [Amendment approved 
March 28, 1895, in effect immediately.] 

46 Cal. 405; 92 Cal. 136; 108 Cal. 113; 121 
Cal. 482; 136 Cal. 274; 145 Cal. 327, 335. 

Slip Containing Number Must Be Removed. 

1209. No member of the Board of Election shall 
deposit in the ballot-box any ballot from which the 
slip containing the number of the ballot has not 
been removed by the Inspector. 

Sample Ballots—Instruction Cards. 

1210. The County Clerk of each county, or, in 
case of separate city or town elections, the Clerk or 
Secretary of the legislative body of such city or 
town, shall cause to be printed, on plain white 
paper, without watermark, at least as many copies 
of the form of ballot provided for use in each 
voting precinct as there shall be registered voters 
in such precinct. Such copy shall be designated 












152 


ELECTION LAWS. 


“sample ballot” upon the face thereof. Said clerk 
or secretary shall commence to mail the same, post¬ 
age prepaid, to registered voters ten days before 
the day fixed by law for such election, and shall 
have all of the same mailed at least five whole days 
before the day of election; provided, that not more 
than one sample ballot shall be furnished to any 
one voter; and further provided, that for any gen¬ 
eral election the number of sample ballots printed 
shall not exceed the total registration by more than 
fifteen per cent of such registration, and that for 
any primary election the number of sample ballots 
printed for any party shall not exceed the total 
registration of such party by over twenty per cent 
of such registration. Such clerk or secretary shall 
also inclose with each of said ballots the voting 
number of such elector and the location of his pre¬ 
cinct polling place. Only official matter shall be 
sent out in such envelope. Such clerk or secretary 
shall cause to be printed in large, clear type, on 
cards, instructions for the guidance of electors in 
obtaining and marking their ballots, and he shall 
furnish twelve such cards to the board of election in 
each election precinct in his county, at the same time 
and in the same manner as the printed ballots and 
sample ballots. The board of election shall post 
at least one of such cards in each booth or compart¬ 
ment provided for the preparation of ballots, and 
not less than three of such cards at other places 
in and about the polling place, on the day of elec¬ 
tion. Sections twelve hundred and fourteen and 
twelve hundred and fifteen of this Code, and section 
sixty-one of the Penal Code, shall also be printed 
on each of said cards. [Amendment approved June 
14, 1913.] 

103 Cal. 540. 

Ballots, When Void. 

1211. 1. In canvassing the votes any ballot 

which is not made as provided in this act shall be 
void; but such ballot must be preserved and re¬ 
turned with the other ballots; provided, however, 


ELECTION LAWS. 


153 


that two or more impressions of the voting stamp 
in one voting square, or a cross (X) made partly 
within and partly without a voting square or space 
shall not make such ballot void. Any name written 
upon a ballot shall be counted for such name for 
the office under which it is written, provided it is 
written in the blank space therefor, whether or not 
a cross (X) is stamped in the voting square after 
the name so written. 

2. If a voter marks more names than there are 
persons to be elected to an office, or if,.for any 
reason, it is impossible to determine the voter’s 
choice for any office to be filled, his ballot shall not 
be counted for such office. 

3. If a voter stamps in the voting square after 
the name of any candidate and also writes the name 
of a person for such office in the blank space, such 
act does invalidate his ballot, but his vote shall 
not be counted for any person for that office, but 
as to all other offices the ballot must be counted for 
the candidates opposite whose names the ballot is 
stamped in the voting squares. 

4. No mark upon a ballot which is unauthorized 
by this act shall be held to invalidate such ballot, 
unless it shall appear that such mark was placed 
thereon by the voter for the purpose of identifying 
such ballot. [Amendment approved March 20, 1911.] 

108 Cal. 108; 120 Cal. 653; 127 Cal. 56; 136 
Cal. 269, 272, 672; 142 Cal. 372; 143 Cal. 
470 (subd. 4) 142 Cal. 600; 11 Cal. App. 
586, 587. 

Time Allowed for Voting. 

1212. Any person entitled to vote at a general 
election held within this State shall, on the day of 
such election, be entitled to absent himself from any 
service or employment in which he is then engaged 
or employed, for the period of two consecutive hours 
between the time of opening and the time of clos¬ 
ing the polls; and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor 


154 


ELECTION LAWS. 


shall any deduction be made on account of such 
absence from his usual salary or wages. 

Certificate of Nomination, Fraudulent Making of. 

1213. No person shall falsely make or fraudu¬ 
lently deface or destroy any certificate of nomina¬ 
tion, or any part thereof, or file any certificate of 
nomination, knowing the same, or any part thereof, 
to be falsely made, or suppress any certificate of 
nomination which has been duly filed or any part 
thereof, or to make, use, keep or furnish to others, 
except as in this Code so directed, any paper water¬ 
mark in imitation of ballot paper, or disclose the 
same to any person not engaged in making, printing 
or distributing of ballot paper or ballots. 

Destroying or Removing Supplies. 

1214. No person shall, during an election, remove 
or destroy any of the supplies or other conveniences 
placed in the voting booths or compartments, as 
provided in this Code, for the purpose of enabling 
the voter to prepare his ballot. No person shall, 
during an election, remove, tear down, or deface the 
cards printed for the instruction of voters. 

Secrecy to Be Preserved. 

1215. No officer of election shall disclose to any 
person the name of any candidate for whom 
any elector has voted. No officer of election, nor 
any person, shall do any electioneering on election 
day within one hundred feet of any polling place. 
Unless otherwise provided by law no person shall 
remove any ballot from any polling place before 
the closing of the poll. Unless otherwise provided 
by law no person shall apply for or receive any 
ballot at any election precinct other than that in 
which he is entitled to vote. No person shall show 
his ballot after it is marked to any person in such a 
way as to reveal the contents thereof, or the name 
or names of the candidate or candidates for whom 
he has marked his ballot; nor shall any person, 


ELECTION LAWS. 


155 


except a member of the Board of Election, receive 
from any voter a ballot prepared by such voter, or 
examine such ballot, or solicit the voter to show 
the same. No person shall ask another at 
a polling place for whom he intends to vote. Unless 
otherwise provided by law no voter shall receive a 
ballot from any other person than one of the elec¬ 
tion officers; nor shall any other person than an 
election officer, or other officer authorized by law 
so to do deliver a ballot to such voter. No voter 
shall deliver to the Board of Election, or to any 
member thereof, any ballot other than the one he 
has received from the election officer or other of¬ 
ficer duly authorized by law to furnish him with 
such ballot. No voter shall place any mark upon 
his ballot by which it may be afterwards identified 
as the one voted by him. No person shall solicit 
a vote or speak to a voter on the subject of mark¬ 
ing his ticket within one hundred feet of the polling 
place. [Amendment approved June 14, 1913.] 

108 Cal. 108; 120 Cal. 653; 127 Cal. 56; 134 
Cal. 152; 136 Cal. 269, 270, 271, 276; 138 
Cal. 20; 141 Cal. 415; 142 Cal. 503. 

Registrar of Voters and Board of Election Commis¬ 
sioners. 

1216. In all counties, and cities and counties, in 
this State, having a Registrar of Voters and a Board 
of Election Commissioners, the powers conferred and 
the duties imposed by this Code upon the County 
Clerks and other officers, in relation to matters of 
election and polling places, shall be exercised and 
performed by such Registrar of Voters and Board 
of Election Commissioners, and all certificates of 
nomination, nomination papers, or election papers, 
required by this Code, or by law to be filed with or 
presented to the County Clerk shall be filed with 
or presented to the Registrar of Voters; and the 
deputies or clerks in the office of the registrar of 
voters acting under the orders of the registrar of 
voters, or the election commission shall have all the 
powers of the deputies of the county clerk in mat' 


156 


ELECTION LAWS. 


ters relating to elections. [Amendment approved 
May 1, 1911.] 

97 Cal. 84; 111 Cal. 305. 

VOTING AND CHALLENGES. 

Voting, When May Commence. 

1224. Voting may commence as soon as the polls 
are opened, and may be continued during all the 
time the polls remain open. 

(Sections 1225, 1226, 1227 and 1228, relating to the 
manner of voting, were repealed by implication be¬ 
cause of the acts subsequently pasaed amending 
section 1205 of the Political Code. See Dillon v. 
Bicknell, 116 Cal. Ill, 114.) 

List of Voters. 

1229. Each clerk must keep a list of persons vot¬ 
ing, and the name of each person who votes must 
be entered thereon and numbered in the order of 
voting. 

Grounds of Challenge. 

1230. A person offering to vote may be orally 
challenged by any elector of the county upon either 
or all of the following grounds: 

1. That he or she is not the person whose name 
appears on the register. 

2. That he or she has not resided within the State 
one year next preceding the election. 

3. That he or she has not been a naturalized citi¬ 
zen of the United States for ninety days prior to 
the election. 

4. That he or she has not resided within the 
county for ninety days preceding the election. 

5. That he or she has not resided within the pre¬ 
cinct for thirty days next preceding the election. . 

6. That he or she has before voted that day. 

7. That he or she has been convicted of an in¬ 
famous crime. 

8 . That he or she has been convicted of the em¬ 
bezzlement or misappropriation of public money. 


ELECTION LAWS. 


157 


9. That he or she cannot read as required by the 
Constitution, and does not appear by statement in 
the affidavit of registration to be entitled to vote 
notwithstanding such inability. 

[Amendment approved May 27, 1913.] 

When Identity Is Challenged. 

1231. If the challenge is on the ground that he is 
not the person whose name appears on the Great 
Register, the Inspector must tender him the follow¬ 
ing oath: 

“You do swear (or affirm) that you are the per¬ 
son whose name is entered on the Great Register. ” 

When Residence in the State Is Challenged. 

1232. If the challenge is on the ground that he 
has not resided in the State for one year next pre¬ 
ceding the election, the person challenged must be 
sworn to answer questions, and after he is sworn 
the following questions must be propounded to him 
by the Inspector: 

1. Have you resided in this State for one year 
immediately preceding this election? 

2. Have you been absent from this State within 
one year immediately preceding this election? If 
yes, then, 

3. When you left, did you leave for a temporary 
purpose, with the design of returning, or for the 
purpose of remaining away? 

4. Did you, while absent, regard this State as 
your home? 

5. Did you, while absent, vote in any other State? 

And such other questions as may be necessary to 

a determination of the challenge. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

When Residence in Precinct Is Challenged. 

1233. If the challenge is on the ground that he 
has not resided in the county for ninety days, or 
precinct for thirty days next preceding the election, 
the person challenged must be sworn to answer 
questions, and after he is sworn, the following ques- 


158 


ELECTION LAWS. 


tions must be propounded to him by the Inspector: 

1. When did you last come into this county or 
election precinct? 

2. When you came into this county or precinct, 
did you come for a temporary purpose merely, or 
for the purpose of making it your home? 

3. Did you come into this county or precinct for 
the purpose of to ting here? 

And such other questions as may be necessary 
to a determination of the challenge. Amendment 
approved April 16, 18S0; in effect immediately.] 

Challenge for Having Voted Before. 

1234. If the challenge is on the ground that the 
person challenged has before voted that day, the 
Inspector must tender to the person challenged this 
oath: 

“You do swear (or affirm) that you have not 
before voted this day. ” 

75 Cal. 628. 

Challenge on Ground of Conviction of Crime, or 

Person Cannot Read. 

1235. If the challenge is on the ground that the 
person challenged has been convicted of an in¬ 
famous crime, or that he or she has been convicted 
of the embezzlement or misappropriation of public 
money, he or she must not be questioned, but the 
fact may be proved by the production of an authen¬ 
ticated copy of the record, or by the oral testimony 
of two witnesses. [Amendment approved April 16, 
1880; in effect immediately.] 

If the challenge is on the ground that 
the person challenged cannot read as required 
by the Constitution, and it does not appear by the 
statement in the affidavit of registration that said 
person is entitled to vote notwithstanding such in¬ 
ability, the challenge shall be determined by the 
board by the inspection of the said affidavit, and 
by requiring the person offering to vote (if it does 
not appear from said affidavit that the person is en¬ 
titled to vote notwithstanding such inability) to 


ELECTION LAWS. 


159 


read any consecutive one hundred words of the 
constitution of the state selected by the judges. 
[Amendment approved May 27, 1913.] 

Certain Challenges, How Determined. 

1236. Challenges upon the grounds either: 

1. That the person challenged is not the person 
whose name appears on the Great Register; 

2. That the party has before voted on that day;— 
are determined in favor of the party challenged by 
his taking the oath tendered. 

2 Cal. App. 105. 

Other Challenges, How Determined. 

1237. If the challenge is on the ground that the 
person challenged is not the person whose name ap¬ 
pears on the Great Register, he must take the oath 
tendered by the Board. Challenges for causes other 
than those specified in the preceding section must 
be tried and determined by the Board of Election 
at the time of the challenge. [Amendment ap¬ 
proved April 16, 1880; in effect immediately.] 

Refusal to Be Sworn. 

1238. If any person challenged refuses to take the 
oaths tendered, or refuses to be sworn and to answer 
the questions touching the matter of residence, he 
must not be allowed to vote. 

Determining the Place of Residence. 

1239. The Board of Election, in determining the 
place of residence of any person, must be governed 
by the following rules, as far as they are applicable: 

1. That place must be considered and held to be 
the residence of a person in which his habitation is 
fixed, and to which, whenever he is absent, he has 
the intention of returning. 

2. A person must not be held to have gained or 
lost residence by reason of his presence or absence 
from a place while employed in the service of the 
United States, or of this State, nor while engaged 
in navigation, nor while a student at any institu- 


160 


ELECTION LAWS. 


tion of learning, nor while kept in an almshouse, 
asylum, or prison. 

3. A person must not be considered to have lost 
his residence who leaves his home to go into another 
State, or precinct in this State, for temporary pur¬ 
poses merely, with the intention of returning. 

4. A person must not be considered to have 
gained a residence in any precinct into which he 
comes for temporary purposes merely, without the 
intention of making such precinct his home. 

5. If a person remove to another State with the 
intention of making it his residence, he loses his 
residence in this State. 

6. If a person remove to another State with the 
intention of remaining there for an indefinite time, 
and as a place of present residence, he loses his 
residence in this State, notwithstanding he enter¬ 
tains an intention of returning at some future 
period. 

7. The place where a man’s family resides must 
be held to be his residence, but if it be a place for 
temporary establishment for his family, or for tran¬ 
sient objects, it is otherwise. 

8. If a man have a family fixed in one place, and 
he does business in another, the former must be 
considored his place of residence; but any man 
having a family, and who has taken up his abode 
with the intention of remaining, and whose family 
does not so reside with him, must be regarded as a 
resident where he has so taken up his abode. 

9. The mere intention to acquire a new residence, 
without the fact of removal, avails nothing; neither 
does the fact of removal, without the intention. 
[Amendment approved March 27, 1897; in effect im¬ 
mediately.] 

83 Cal. 80; 120 Cal. 638; (subd. 4) 145 Cal. 

32S; (subd. 9) 145 Cal. 328, 691. . 

Term of Besidence, How Computed. 

1240. The term of residence must be computed by 
including the day on which the person’s residence 


ELECTION LAWS. 161 

commenced, and by excluding the day of the elec¬ 
tion. 

Rules Must Be Read, If Requested. 

1241. Before administering an oath to a person 
touching his place of residence, the Inspector must, 
if requested by any person, read to the person chal¬ 
lenged the rules prescribed by sections twelve 
hundred and thirty-eight and twelve hundred and 
thirty-nine. 

List of Challenges. 

1243. The Board must cause one of the clerks to 
keep a list, showing: 

1. The names of all persons challenged. 

2. The grounds of such challenges. 

3. The determination of the Board upon the chal¬ 
lenge. 

CANVASSING AND RETURNING THE VOTE. 
Canvassing the Vote. 

1252. As soon as the polls are finally closed the 
Judges must immediately proceed to canvass the 
votes given at such election. The canvass must be 
public, in the presence of bystanders, and must bo 
continued without adjournment until completed and 
the result thereof is declared. 

Ill Cal. 421. 

How Commenced. 

1253. The canvass must be commenced by taking 
out of the box the ballots unopened (except so far 
as to ascertain whether each ballot is single), and 
counting the same to ascertain whether the number 
of ballots corresponds with the number of names 
on the list of voters kept by the clerks. In the 
City and County of San Francisco, at the closing 
of the polls, the Inspector must administer to the 
additional members of the Board of Canvassers the 
oath prescribed in section one thousand one hun- 


162 


ELECTION LAWS. 


dred and forty-eight, and likewise to two clerks ap¬ 
pointed by such additional members. He must then 
proceed to take out of the box the ballots, unopened, 
one at a time, numbering them on the backs in 
numerical order, commencing with number one, and 
writing with ink the initials of his own name upon 
the back of each ballot as taken out. He shall pass 
each ballot, as soon as thus indorsed, to the addi¬ 
tional Inspector, who must, in like manner, write 
thereon the initials of his own name, so that each 
ballot can be subsequently identified by either ot 
both such Inspectors. 

Ill Cal. 422. 

Action on Ballots Found Folded Together. 

1254. If two or more separate ballots are found so 
folded together as to present the appearance of a 
single ballot, they must be laid aside until the count 
of the ballots is completed; then, if upon compari¬ 
son of the count with the number of names of 
electors on the lists which have been kept by the 
clerks, it appears that the two ballots thus folded 
together were cast by one elector, they must be 
rejected. 

Number of Ballots—How Made to Agree With 

Names on List. 

1255. The ballots must be immediately replaced 
in the box, and if the ballots in the box exceed in 
number the names on the lists, one of the Judges 
must publicly, and without looking into the box, 
draw out therefrom singly, and destroy, unopened, 
a number of ballots equal to such excess; and the 
Board of Election must make a record, upon the poll 
list of the number of ballots so drawn and de¬ 
stroyed. [Amendment approved March 18, 1905; in 
effect immediately.] 

Lists to Be Signed, How. 

1256. The number of ballots agreeing or being 
thus made to agree with the number of names on 


ELECTION LAWS. 


163 


the lists, the lists must be signed by the members of 
the Board and attested by the Clerks, and the num¬ 
ber of names thereon must be set down in words 
and figures at the foot of each list, and over the 
signatures of the Judges and the attestation of the 
Clerks, substantially in the form prescribed in sec¬ 
tion eleven hundred and seventy-four. 

Ballots—How Counted. 

1257. After the lists are thus signed, the Board 
must proceed to open the ballots and count and 
ascertain the number of votes cast for each person 
voted for. At all elections where a general ticket 
and a municipal ticket are used, the canvass of the 
general ticket shall be completed before the canvass 
of the municipal ticket is commenced. All ballots 
rejected for illegality must be indorsed upon the 
ballot the cause of such rejection, and signed by a 
majority of the Election Board, and thereafter 
strung " upon a string. [Amendment approved 
March 20, 1899; in effect in sixty days.] 

11 Cal. App. 585. 

Records—How Kept. 

1258. Each Clerk must write down each office to 
be filled, and the name of each person marked in 
each ballot as voted for, to fill such office, and keep 
the number of votes by tallies, as they are read 
aloud. Such tallies must be made with pen and 
ink as the name of each candidate voted for is 
read aloud from the respective ballot, and imme¬ 
diately upon the completion of the tallies the Clerks 
who respectively complete the same must draw two 
heavy lines in ink from the last tally mark to the 
end of the line in which such tallies terminate, and 
also write the initials of the person making the last 
tally in such line. The ballot so read and the tally 
sheet so kept must, during the reading and tallying, 
be within the clear view of watchers at the count. 
[Amendment approved June 14, 1913.] 

136 Cal. 400. 


164 


ELECTION LAWS. 


Ballots—How Disposed of. 

1259. The ballot, as soon as the names marked on 
it as voted for are read and verified, must be strung 
on a string by one of the Judges, and must not 
thereafter be examined by any person, but must, 
as soon as all are counted, be carefully sealed in a 
strong envelope, each member of the Board writing 
his name across the seal. [Amendment approved 
March 20, 1899; in effect in sixty days.] 

67 Cal. 306; 97 Cal. 86, 111; 146 Cal. 328; 1 
Cal. App. 303. 


Returns. 

1260. As soon as all the votes are counted and the 
tickets sealed up, lists must be attached to the tally 
lists containing the names of persons voted for and 
for what office, and the number of votes given for 
each candidate, the number being written at full 
length, and such lists must be signed by the mem¬ 
bers of the Board and attested by the Clerks, sub¬ 
stantially in the form in section eleven hundred and 
seventy-four given. 

1 Cal. App. 126, 128. 

Papers to Be Sealed Up, and Result of Vote to Be 

Sent to County Clerk. 

1261. The Board must, before it adjourns, inclose 
in a cover, and seal up and direct to the County 
Clerk, the copy of the register upon which one of 
the Judges marked the word ‘‘voted’ , as the bal¬ 
lots were received, all certificates of registration 
received by it, one of the lists of the persons chal¬ 
lenged, one copy of the list of voters, and one of 
tlie tally lists and list attached thereto. The Board 
must also, before it adjourns, post conspicuously, on 
the outside of the polling place, a copy of the re¬ 
sult of the votes cast at such polling place; such 
copy of the result must be signed by the members 
of the Board, and attested by the Clerks. The 
Board must also immediately transmit unsealed to 
•the County Clerk a copy of the result of the votes 


ELECTION LAWS. 


165 


• cast at such polling place, which copy must be 
signed by the members of the Board, and which 
copy shall be open to the inspection of the public. 
It shall be a misdemeanor for any person to remove 
or deface such posted copy of the result or to delay 
or change the copy to be delivered to the County 
Clerk. [Amendment approved February 14, 1901; 
in effect immediately.] 

132 Cal. 284; 143 Cal. 337; 155 Cal. 296; 1 
Cal. App. 127, 128; 7 Cal. App. 402, 403. 

Certain Lists Kept Open to Inspection. 

1262..The other list of voters, tally list, and list 
attached thereto must be sent to the county clerk 
or registrar and retained by him open to inspection 
of all electors for at least six months. [Amendment 
approved May 27, 1913.] 

132 Cal. 284; 1 Cal. App. 128. 

Returns to Be Delivered to One Member of Board. 

1263. The sealed packages containing the register, 
lists, papers, and ballots, must, before the Board 
adjourns, be delivered to one of its number, to be 
determined by lot, unless otherwise agreed upon. 

132 Cal. 284; 1 Cal. App. 127, 128. 

Returns Must Be Delivered to County Clerk. 

1264. The member to whom such packages are de¬ 
livered, must, without delay, deliver such packages 
without their having been opened, to the County 
Clerk, nearest postmaster, or sworn express agent, 
who shall endorse on such packages the name of the 
party delivering them, and date of such delivery. If 
delivered to a postmaster or express agent, such 
postmaster or express agent shall forward the pack¬ 
ages by the first mail or express to the county seat. 
In the City and Count}’' of San Francisco, such 
packages must be delivered to the Registrar of 
Voters within three hours from the time of adjourn¬ 
ment of the Board, which time of adjournment must 
be endorsed upon such package, and upon each poll 
list, in ink, and signed by a majority of the mem- 


166 


ELECTION LAWS. 


bers of such Board. In the City and County of 
San Francisco the packages must be put up and 
sealed in the following manner, by an Inspector, 
and at least three other members of the Board, and 
be signed with their respective signatures across 
(flap) the same written. 

One package to contain the voted ballots only; 
one package to contain one poll and tally list only; 
one package to contain the precinct registers, index 
to register, list of voters challenged, and list of as¬ 
sisted voters; and one package to contain the un¬ 
used ballots. [Amendment approved March 18, 
1905; in effect immediately.] 

143 Cal. 471; 1 Cal. App. 128, 303; 7 Cal. 

App. 403. 

Roster of Voters, How Delivered and Kept. 

1264a. The Board of Election must before it ad¬ 
journs, enclose in a cover and seal up and direct 
to the County Clerk or to the Registrar of Voters, 
in counties or cities and counties in this State hav¬ 
ing a Registrar of Voters, the roster of voters and 
such scaled package containing such roster of voters 
must be delivered to that one of its members who 
has been selected to deliver the other sealed pack¬ 
ages required by law. This member must, without 
delay, deliver the package containing the roster of 
voters without its having been opened in the same 
manner and to the same persons and officials as he 
is required by law to deliver the other sealed pack¬ 
ages entrusted to him by said board. All rosters 
of voters must be kept in the office of the County 
Clerk or in the office of the Registrar of Voters in 
counties and cities and counties having a Registrar 
of Voters, as a public record, for a period of one 
year and when received by such County Clerk or 
Registrar of Voters, all packages containing such 
rosters of voters shall be unsealed, and such ros¬ 
ters of voters shall at all times be open to the 
inspection of any citizen. The provisions of this 
section shall apply to all rosters of voters whether 


ELECTION LAWS. 


167 


used at elections or primary elections. [New sec¬ 
tion approved March 21, 1905; in effect in sixty 
days.] 

Clerk to Keep Ballots Unopened for Twelve Months. 

1265. On receipt of the packages the Clerk must 
file the one containing ballots, and must keep it 
unopened and unaltered for twelve months, after 
which time, if there is not a contest commenced in 
some tribunal having jurisdiction about such elec¬ 
tion, he must burn the package without opening or 
examining its contents; provided, however, that 
after the time limited for a contest, and in the 
event any contests have been commenced, then after 
said ballots have been opened and counted by the 
Superior Court in said contests, a Judge of the 
Superior Court of the county wherein said ballots 
were voted may order said packages to be opened 
for inspection in any case being tried in his court 
where he has jurisdiction of the same, whenever he 
shall deem it necessary to inspect the ballots con¬ 
tained in said packages in order to produce testi\ 
mony to establish the proof of any material issue of 
fact arising in the course of the trial of said case. 
In no event shall the said packages, or any of 
them, or the ballots contained therein, be taken 
from the custody of the County Clerk. Whenever 
said packages, or any of them, shall have been in¬ 
spected and examined, and a record made of the 
testimony therein contained, the same shall be re¬ 
stored to the exclusive control and custody of the 
County Clerk, who shall reseal the packages with 
the ballots contained therein, and keep the same 
until he shall burn them, in accordance with the 
direction of this section; provided, further, that if 
in any Congressional district within this State there 
has been or shall be filed a contest of the election 
of any person declared to have been elected a 
member of Congress, and the County Clerk or 
Registrar of Voters in any county or city and 
county be notified by the contestant, that such 


168 


ELECTION LAWS. 


Congressional election contest is pending then and 
in that case such County Clerk or Registrar of 
Voters shall not destroy the ballots in that county 
or city and county, or in the part or portion thereof 
within such Congressional district in which such 
contest is pending, until the final determination of 
such contest before the House of Representatives of 
the Congress of the United States; and such 
County Clerk or Registrar of Voters shall hold such 
ballots in his custody subject to the inspection of 
any committee of the House of Representatives or 
sub-committee thereof, having in charge the investi¬ 
gation of such contest, and shall produce such bal¬ 
lots for examination before any such committee of 
the House of Representatives or sub-committee or 
before any Commissioner designated by such Con¬ 
gressional committee or sub-committee or before 
any officer designated by act of Congress and duly 
selected to take depositions and proof in any such 
contest of the election of any person to Congress. 
[Amendment approved February 26, 1903; in effect 
immediately.] 

80 Cal. 361; 97 Cal. 86; 143 Cal. 341, 471; 1 
Cal. App. 303. 

Ballots, When May Be Destroyed. 

1266. If within twelve months there is such a 
contest commenced, he must keep the package un¬ 
opened and unaltered until it is finally determined, 
when he must, as provided in the preceding sections, 
destroy it, unless such package is, by virtue of an 
order of tribunal in which the contest is pending, 
brought and opened before it, to the end that evi¬ 
dence may be had of its contents, in which event 
the package and contents are in the custody of such 
tribunal. 

67 Cal. 306; 80 Cal. 361; 97 Cal. 86. 

Returns to Be Delivered to Board of Supervisors. 

1267. The other package the Clerk must produce 
before the Board of Supervisors when it is in ses¬ 
sion for the purpose of canvassing returns. 


ELECTION LAWS. 


1(5 U 


Copy of Register to Be Filed. 

1268. As soon as the returns are canvassed the 
Clerk must take the copy of the register returned 
and file it in his office. 

Ill Cal. 131; 132 Cal. 284; 1 Cal. App. 127. 


CANVASS OF RETURNS—DECLARATION OF 

RESULT, ETC. 

Meeting of Board to Canvass Returns. 

1278. The Board of Supervisors of each county 
must meet at their usual place of meeting, on the 
first Monday after each election, to canvass the re¬ 
turns. 

52 Cal. 9, 21; 111 Cal. 131; 132 Cal. 284; 1 
Cal. App. 126, 128. 

When May Not Proceed. 

1280. If at the time of meeting, the returns from 
each precinct in the county in which polls were 
opened have been received, the Board must then 
and there proceed to canvass the returns; but if all 
the returns have not been received the canvass 
must be postponed from day to day until all of the 
returns are received, or until six postponements have 
been had. In any county or city and county where 
the number of election precincts in said county 
or city and county exceed five hundred, said board 
may appoint several sets of clerks to perform the 
clerical work of the canvass and to assist in can¬ 
vassing said returns; and said several sets of clerks 
so appointed may, under the order and direction 
of said board, do and perform such work in the can¬ 
vassing of such returns simultaneously. Said can¬ 
vass may be made at such place in the county or 
city and county as the board may by order entered 
in its minutes designate and declare to be a neces¬ 
sity; provided, that where it shall be made at a 
place other than the usual place of meeting of 
such board, the place shall be open to the public 


170 


ELECTION LAWS. 


and the canvass must be made in public, and the 
said board shall cause public notice to be posted 
at the usual place of meeting of said board in a 
conspicuous place for at least three (3) days before 
the time for making such canvass, and during all 
the time while such canvass is being made, which 
notice shall state clearly and fully the designation 
and description of the place where such canvass will 
be made and conducted. [Amendment approved 
December 23, 1911; in effect March 24, 1912.] 

52 Cal. 9, 21; 111 Cal. 131; 132 Cal. 284; 7 
Cal. App. 402. 

Canvass, How Made. 

1281. The canvass must be made in public, and 
by opening the returns and estimating the vote of 
such county or township for each person voted for, 
and for and against each proposition voted upon at 
such election, and declaring the result thereof; and 
such count must be continued daily, Sundays and 
holidays excepted, and for not less than six ( 6 ) 
hours each and every day until completed. [Amend¬ 
ment approved March 4, 1899; in effect in sixty 
days.] 

' 52 Cal. 4, 9, 21; 111 Cal. 131; 141 Cal. 561; 7 
Cal. App. 402. 

Completion and Correction of Election Returns. 

1281a. If it shall appear that the returns from 
any precinct or precincts are incomplete, or ambigu¬ 
ous, or are not properly authenticated, or are other¬ 
wise defective, the board of supervisors, or can¬ 
vassing board, or election commission may cause 
subpoenas to be issued and served, requiring the at¬ 
tendance before it of the election officers of such 
precinct or precincts, and upon the appearance be¬ 
fore it of the election officers or three-fourths of 
them from any such precinct or precincts, may ex¬ 
amine such election officers under oath concerning 
the manner in which the votes were counted in such 
precinct at such election, and the result of such 
count, and may require such election officers then 


ELECTION LAWS. 


171 


and there to correct or complete such returns or the 
authentication thereof so that they shall truly show 
the votes that were cast in said precinct at such 
election for each candidate voted for and for or 
against each proposition voted upon thereat. Noth¬ 
ing herein shall be construed to authorize the open¬ 
ing of ballots except as provided by law. [New 
section approved June 16, 1913.] 

Statement of Result. 

1282. The Clerk of the Board must, as soon as the 
result is declared, enter on the records of such 
Board a statement of such result, which statement 
must show: 

0 

1. The whole number of votes cast in the county. 

2. The names of the persons voted for, and the 
propositions voted upon. 

3. The office to fill which each person was voted 

for. 

4. The number of votes given at each precinct to 
each of such persons, and for and against each of 
such propositions. 

5. The number of votes given in the county to 
each of such persons, and for and against each of 
such propositions. 

52 Cal. 9, 21; 111 Cal. 130; 132 Cal. 285; 155 
Cal. 298; 2 Cal. App. 105. 

Board Must Declare Result. 

1283. The Board must declare elected the per¬ 
son having the highest number of votes given for 
each office to be filled by the votes of a single 
county or subdivision thereof. 

85 Cal. 512; 148 Cal. 16. 

Certificates of Election. 

1284. The County Clerk must immediately make 
out and deliver to such person (except to the person 
elected Superior Judge) a certificate of election, 
signed by him, and authenticated with the seal of 


172 


ELECTION LAWS. 


the Superior Court. [Amendment approved April 
16, 1880; in effect immediately.] 

85 Cal. 512; 127 Cal. 350; 148 Cal. 16; 1 Cal. 

App. 128. 

Returns From a District, How Made. 

1285. When there are officers, other than Repre¬ 
sentatives in Congress, members of the State 
Board of Equalization, and Justices of District 
Court of Appeals voted for, who are chosen by the 
electors of a district composed of two or more 
counties, each of the County Clerks of the counties 
composing such districts, immediately after making 
out the statement specified in section twelve hun¬ 
dred and eighty-two, must make a certified abstract 
of so much thereof as relates to the election of such- 

officers. [Amendment approved May 27, 1913.] 

< 

District Returns, How Transmitted. 

1286. The Clerk must seal up such abstract, in¬ 
dorse it ‘‘Election Returns ,” and, without delay, 
transmit the same by mail or express to the County 
Clerk of the county which stands first in alphabet¬ 
ical arrangement in the list of counties composing 
such district. [Amendment approved April 12,. 
1911; in effect in sixty days.] 

Duty of County Clerk. 

1287. The Clerk to whom the election returns of 
a district are made, must, on the twentieth day 
after such election, or sooner, if returns from all 
the counties in the district have been received, open 
in public such returns, and from them and the 
statement of the vote for such officers in his own 
county: 

1. Make a statement of the vote of the district 
for such officers, and file the same, together with- 
the returns, in his office. 

2. Transmit a certified copy of such statement to 
the Secretary of State. 

3. Make out and deliver, or transmit by mail, ta 


ELECTION LAWS. 


173 


the persons elected a certificate of election (unless 
it is by law otherwise provided). 

Duty of County Clerk With Respect to State Re¬ 
turns. 

1288. When there has been a general or special 
election for officers chosen by the electors of the 
State at large, or for judicial officers (except 
Justices of the Peace), or for members of the State 
Board of Equalization, or for Senators and members 
of the Assembly, each County Clerk, so soon as the 
statement of the vote of his county is made out and 
entered upon the records of the Board of Supervis¬ 
ors, must make out a certified abstract of so much 
thereof as relates to the votes given or cast for per¬ 
sons for said offices to be filled at such election, to¬ 
gether with a statement of the whole number of 
votes cast in the county as specified in section 
twelve eighty-two. Whenever there is a general 
or special election held within this State, and any 
proposed Constitutional amendment or proposition 
to be voted for by the electors of the State at 
large, each County Clerk, so soon as the statement 
of the vote is made out and entered upon the record 
of the Board of Supervisors, must make out a certi¬ 
fied abstract of such vote. [Amendment approved 
April 23, 1913.] 

52 Cal. 5, 6, 7, 22, 25. 

How Transmitted. 

1289. The Clerk must seal up such abstract, in¬ 
dorse it “Election Returns/’ and without delay 

transmit it by mail or express to the Secretary of 
State. [Amendment approved April 7, 1911; in¬ 
effect in sixty days.] 

52 Cal. 22. 

Duty of Secretary of State. 

1290. On the fortieth day after the day of elec¬ 
tion, or so soon as the returns have been received 
from all the counties of the State, if received within 


174 


ELECTION LAWS. 


that time (except in this Code otherwise provided), 
the Secretary of State must compare and estimate 
the vote, and make out and file in his office a state¬ 
ment thereof, and transmit a copy of such state¬ 
ment to the Governor, except in the case of Sena¬ 
tors and members of the Assembly. [Amendment 
approved March 14, 1901; in effect immediately.] 

85 Cal. 512. 

Governor Must Issue Commissions. 

1291. Upon receipt of such copy, the Governor 
must issue commissions to the persons who from it 
appear to have received the highest number of 
votes for offices, except that of Governor or Lieu¬ 
tenant-Governor, to be filled at such election. 

85 Cal. 512; 138 Cal. 36. 

Returns of Election of Governor and Lieutenant- 

Governor. 

1292. When an election has been held to fill the 
office of Governor or Lieutenant-Governor, the Clerk 
of each county, in addition to the abstract made 
for transmission to the Secretary of State, must, 
as soon as the statement of the vote of his county 
is made out and entered upon the records of the 
Board of Supervisors, make two certified abstracts 
of so much thereof as relates to the vote given for 
such officers. 

i 

Returns of Election of Governor, Etc. 

1293. The Clerk must seal up each abstract sep¬ 
arately, and indorse thereon “ Election Returns for 
Governor and Lieutenant-Governor. ’ ’ 

Duty of Clerk. 

1294. He must at once direct one copy to “The 
Speaker of the Assembly next to meet,” address it 
to Sacramento, California, and deposit it, postpaid, 
in the Post Office. 


ELECTION LAWS. 


175 


Duty of Clerk. 

1295. The other copy he must direct and address 
in the same manner, and at once deliver it to a 
member elect of the Legislature, or to a Senator 
who holds over; and the person to whom it is so 
delivered must deliver it to the Speaker on or before 
the second day next after his election. 

Canvass of Returns. 

1296. The returns of election for Governor and 
Lieutenant-Governor must, during the first week of 
the session, be opened, canvassed, and the result de¬ 
clared by the Speaker of the Assembly in the pres¬ 
ence of both houses. 

Defects to Be Overlooked. 

1297. No declaration of the result, commission, or 
certificate must be withheld on account of any de¬ 
fect or informality in the return of any election, if 
it can with reasonable certainty be ascertained from 
such return what office is intended and who is 
elected thereto. 


ELECTION OF ELECTORS FOR PRESIDENT 
AND VICE-PRESIDENT. 

Electors for President and Vice-President, When 
Chosen. 

1307. At the general election in each bissextile 
or leap year, unless by the laws of the United States 
another time is fixed, and then, at such time, there 
must be chosen by the qualified voters of the State, 
as many Electors of President and Vice-President 
of the United States as the State is then entitled to. 

Returns, How Made. 

1308. The Clerk of each county, as soon as the 
statement of the vote of his county at such election 
is made out and entered on the records of th© 
Board of Supervisors, must make a certified ab- 


176 


ELECTION LAWS. 


stract of so much thereof as relates to the vote 
.given for persons for Electors of President and 
Vice-President of the United States. 

How Transmitted. 

1309. The Clerk must seal up such abstract, in¬ 
dorse it ‘‘Presidential Election Returns,” and with¬ 
out delay transmit it to the Secretary of State by 
mail or express or in the manner hereinafter pre¬ 
scribed. [Amendment approved April 7, 1911.] 

May Employ Messenger to Deliver Returns. 

1310. If the County Clerk of any county has rea¬ 
son to believe that the abstract will not, in the 
due course of mail, reach the Secretary of State 
before the time fixed by law for canvassing the re¬ 
turns of such election, he may, with the approval 
of the Superior Judge, employ a person to convey 
and deliver such abstract to the Secretary of State. 
[Amendment approved April 16, 1880; in effect im¬ 
mediately.] 

Affidavit to Be Made When Messenger Necessary. 

1311. In the event provided for in the preceding 
section, the Clerk must make an affidavit, setting 
forth the reasons for his belief, and the name of 
the person employed by him, which affidavit, with 
the approval of the Superior Judge indorsed thereon, 
must be given to the person appointed, and by him, 
with the abstract, must be delivered to the Secre¬ 
tary of State. [Amendment approved April 16, 
1880; in effect immediately.] 

Compensation of Messenger. 

1312. The person appointed by the Clerk, after he 
delivers the abstract and statement, is entitled to 
receive as compensation mileage at the rate of 
thirty cents a mile from the county seat to the seat 
of government. His account therefor, certified by 
the Secretary of State, must be audited by the Con¬ 
troller and paid out of the General Fund in the 
State Treasury. 


ELECTION LAWS. 


177 


Duty of Secretary of State. 

1313. On the last Monday in the month of the 
election, or as soon as the returns have been re¬ 
ceived from all the counties in the State, if re¬ 
ceived before that time, the Secretary of State 
must compare and estimate the votes given for 
Electors, and certify to the Governor the names of 
the proper number of persons having the highest 
number of votes. 

Governor to Issue Certificate of Election. 

1314. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a cer¬ 
tificate of election, and on or before the day of 
their meeting deliver to the Electors a list of the 
names of Electors, and must do all other things 
required of him in the premises by any Act of 
Congress in force at the time. 

When Electors Must Assemble. 

1315. The Electors chosen must assemble at the 
seat of government on the second Monday in Janu¬ 
ary next following their election, at two o’clock in 
the afternoon. 

Vacancies, How Filled. 

1316. In case of the death or absence of any 
Elector chosen, or in case the number of Electors 
from any cause be deficient, the Electors then pres¬ 
ent must elect, from the citizens of the State, so 
many persons as will supply such deficiency. 

Electors Must Vote, How. 

1317. The Electors, when convened, must vote by 
ballot for one person for President and one person 
for Vice-President of the United States, one of 
whom, at least, is not an inhabitant of this State. 

Separate Ballots for President and Vice-President. 

1318. They must name in their ballots the persons 
voted for as President, and in distinct ballots the 
persons voted for as Vice-President. 


178 


ELECTION LAWS. 


Must Make Lists. 

1319. They must make distinct lists of all per¬ 
sons voted for as President, and of all persons voted 
for as Vice-President, and of the number of votes 
given for each. 

Must Certify, Seal Up and Transmit Lists. 

1320. They must certify, seal up, and transmit by 
mail such list3 to the seat of government of the 
United States, directed to the President of the 
Senate. 

Compensation of Electors. 

1321. Presidential electors shall receive a com¬ 
pensation of ten dollars for their services as such 
elector, and mileage at the rate of ten cents per 
mile for each mile of travel from their domicile to 
the state capitol and return. [Amendment approved 
March 25, 1909.] 

Accounts, How Audited and Paid. 

1322. Their accounts therefor, certified by the 
Secretary of State, must be audited by the Con¬ 
troller, who must draw his warrants for the same 
on the Treasurer, payable out of the General Fund. 

ELECTIONS FOR MEMBERS OF CONGRESS. 
Election of Senators. 

1332. Elections for Senators in Congress for full 
terms must be held at the general election at which 
members of the legislature are elected next preced¬ 
ing the commencement of the term to be filled. 
[Amendment approved May 27, 1913.] 

Elections to Fill Vacancy. 

1333. Elections to fill a vacancy in the term of 
United States Senator must be held at the general 
election or any special election held throughout the 
state next succeeding the occurrence of such va¬ 
cancy. [Amendment approved May 27, 1913.] 


ELECTION LAWS. 


179 

1334. The Clerk of each county, as soon as the 
statement of the vote of his eounty at such election 
is made out and entered on the records of the 
Board of Supervisors, must make a certified ab¬ 
stract of so much thereof as relates to the vote 
given for persons for Senators in Congress. [New 
section approved May 27 , 1913.] 

1335. The Clerk must seal up such abstract, in¬ 
dorse it “Congressional Election Returns for Sena¬ 
tor in Congress, ” and without delay transmit it by 
mail to the Secretary of State. [New section ap¬ 
proved May 27, 1913.] 

1336. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from all of the counties of the State, if received 
within that time, the Secretary of State must com¬ 
pare and estimate the votes given or cast for such 
persons or Senator, and certify to the Governor 
what person having the highest number of votes in 
the State as duly elected. [New section approved 
May 27, 1913.] 

1337. The Governor must, upon receipt of such 
certificate, transmit to such person a certificate of 
his election, sealed with the great seal and attested 
by the Secretary of State. [New section approved 
May 27, 1913.] 

Election of Representatives, When Held. 

1343. At the general election to be held in the 
year eighteen hundred and eighty, and at the gen¬ 
eral election every two years thereafter, there must 
be elected, for each congressional district, one Rep¬ 
resentative to the Congress of the United States. 

Returns, How Made. 

1344. The Clerk of each county, as soon as the 
statement of the vote of his county at such election 
is made out and entered on the records of the 
Board of Supervisors, must make a certified abstract 


180 


ELECTION LAWS. 


of so much thereof as relates to the vote given for 
persons for Representatives to Congress. 

52 Cal. 9, 15, 32; 132 Cal. 285. 

How Transmitted. 

1345. The Clerk must seal up such abstract, in¬ 
dorse it “Congressional Election Returns , ,} and 
without delay transmit it by mail or express to the 
Secretary of State. [Amendment approved April 7, 
1911.] 

52 Cal. 10. 

Duty of Secretary of State. 

1346. On the sixtieth day after the day of elec¬ 
tion, or as soon as the returns have been received 
from the counties of the State, comprising any one 
district, if received within that time, the Secretary 
of State must compare and estimate the votes given 
or cast for such Representatives, and certify to the 
Governor the person having the highest number of 
votes in each congressional district as duly elected. 
[In effect March 14, 1901.] 

52 Cal. 7; 132 Cal. 285. 

Governor to Issue Certificates. 

1347. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a cer¬ 
tificate of his election, sealed with the Great Seal 
and attested by the Secretary of State. 

PRIMARY ELECTIONS. 

Primary Elections—How Conducted. 

1359. Elections herein provided for and known 
and designated as primary elections shall be con¬ 
ducted, managed, and controlled as to selection of 
precinct officers, their powers and duties, publica¬ 
tion of notices, use of original affidavits of regis¬ 
tration, indexes and supplements thereto, challeng¬ 
ing of voters, voting booths, printing and use of 
the ballots, cards of instruction, ascertainment of 


ELECTION LAWS. 


181 


results, time for opening and closing of the polls, 
and all other details, in the same manner, and sub¬ 
ject to the same regulations as are elections for 
State, district, county, city and county, city, town, 
and local officers as far as applicable, except as 
otherwise provided in this chapter; provided, that 
sample ballots shall not be printed or distributed, 
and that there shall be but one ballot-box at each 
polling place; also, provided, that there shall be 
printed for each primary election precinct only as 
many ballots for each participating political party 
as there are names appearing on the register, in¬ 
dexes or supplements thereto as persons entitled to 
vote thereat; also, provided, that the compensation 
which shall be allowed to each primary precinct 
election officer shall not exceed four dollars per day, 
and it shall be the duty of every person so chosen 
to act as such primary precinct election officer at 
such primary election to perform the services re¬ 
quired of him in such capacity. That the primary 
precinct election officers shall be: an Inspector, two 
Judges, two Clerks, and one Ballot Clerk for each 
primary election precinct, who must have been reg¬ 
istered electors thereof for at east thirty days prior 
to their appointments and who must possess all the 
other qualifications required of precinct election 
officers for general elections, provided that the same 
person shall not, without his consent, be compelled 
to serve as said primary precinct election officer 
more than once in every two years. [Amendment 
approved March 18, 1905; in effect in sixty days.] 
145 Cal. 155. 

Primary Elections—Resolution Prescribing Party 

Test. 

1361a. The governing committee of any political 
party, when filing its petition or application for a 
place on the primary official ballot, shall at the 
same time and with the officer of election author¬ 
ized to receive such petitions, file a resolution pre¬ 
scribing the party test necessary for an elector to 


182 


ELECTION LAWS. 


vote for the delegates to the nominating conven¬ 
tion of said party, in addition to the qualification* 
required by law. None but persons who possess 
the qualifications required by law and by the reso¬ 
lution of said party committee must be permitted to 
vote for delegates to the nominating convention of 
said party. [New section approved March 19, 1907; 
in effect immediately.] 

151 Cal. 602, 603. 

Elector to Declare His Political Affiliation. 

1366a. At the time of registering and of trans¬ 
ferring registration, in all places where the primary 
election law is in force, each elector shall declare 
the name of the political party with which he in¬ 
tends to affiliate at the ensuing primary election or 
elections, and the name of such political party shall 
be stated in the affidavit of registration, and the 
index thereto. If the elector declines to state the 
fact, the fact of such declination shall likewise be 
stated, and no person shall be entitled to vote at 
any primary election (by virtue of such registra¬ 
tion) unless he has stated the name of the political 
party with which he intends to affiliate at the time 
of such registration. Nor shall he be permitted to 
vote on behalf of any party or for delegates to the 
convention of any party other than the party so 
designated in the registration. 

In case any elector shall have declined to desig¬ 
nate or shall have changed his political affiliation 
prior to the close of registration for primary elec¬ 
tions he is entitled to have such change recorded 
prior to the close of said registration upon applica¬ 
tion to the County Clerk or Registrar of Voters. 
In case any elector shall have declined to designate 
or shall have changed his political affiliations prior 
to the close of registration, he may appear in person 
before the County Clerk or Registrar of Voters, at 
the office of the County Clerk or Registrar of Voters, 
and not elsewhere, and make affidavit substantially 
in the following form: 


ELECTION LAWS. 


183 


State of California, 

County of 

., being duly sworn, deposes and 

says that he is registered on the great register of 

the said county of. as a., 

(insert former party affiliation, or that he had de¬ 
clined to designate his party affiliation); that since 
the date of such registration he has changed his po¬ 
litical views and in good faith declares his affilia¬ 
tion with the . party. 

Subscribed and sworn to before me, this. 

day of ., 191.... 

The County Clerk or Registrar of Voters shall 
take such affidavit without charge and shall file 
the same. Nothing in this section shall be con¬ 
strued to prevent any elector, who has registered 
before this act takes effect, from voting at such 
primary election. [New section approved March 19, 
1907; in effect in thirty-five days.] 

[See Secs. 16 and 17 of the Direct Primary Law, 
post.] 

151 Cal. 600; 155 Cal. 792; 157 Cal. 320, 321, 
400. 


COUNTY AND TOWNSHIP OFFICERS. 
When Elected. 

4021. All elective county and township officers, 
except otherwise provided for in this title, and by 
law, shall be elected at the general election at 
which the Governor is elected, and shall take office 
at twelve o’clock meridian on the first Monday 
after the first day of January next succeeding their 
election. All officers elected under the provisions 
of this title shall hold office until their successors 
are elected or appointed and qualified. Supervisors 
shall be elected at the general election prior to ex¬ 
piration of the term of the incumbent. The Super¬ 
visors of any county created after the first day of 









184 


ELECTION LAWS. 


July, 1907, shall, within six months after the first 
general election succeeding the creation of such 
county, classify themselves by lot into two classes, 
as nearly equal in number as possible, and the term 
of oflS.ce of the class having the greater number 
shall expire in two years from such general elec¬ 
tion and the term of office of the class having the 
lesser number shall terminate in four years from 
such general election; provided, that whenever any 
county has heretofore framed and adopted a charter 
for its own government, under the provisions of sec¬ 
tion 7V2 of article XI of the constitution of this 
state, and such charter has been heretofore ap¬ 
proved by the legislature, as provided in said sec¬ 
tion of the constitution, and such charter shall pro¬ 
vide for the appointment of all or any of such county 
or township officers, then such officers first to be 
appointed under the provisions of such charter shall 
be deemed the successors of the like elective of¬ 
ficers in office at the time of the approval of such 
charter, which elective officers shall continue to 
hold office for the term for which they were elected 
and until the appointment and qualification of their 
successors under such charter; and no election for 
any such officer whose successor is so to be ap¬ 
pointed shall be had at any election held subsequent 
to the approval of such charter, except to fill a va¬ 
cancy for an unexpired term. [Amendment ap¬ 
proved June 16, 1913.] 

Removal or Recall of Elective Officers. 

Sec. 4021a. The holder of any elective office of 
any county or any township or supervisor district 
thereof may be removed or recalled at any time 
by the electors; provided, he has held his office at 
least six months. The provisions of this section 
are intended to apply to officials now in office, as 
well as to those hereafter elected. The procedure 
to effect such removal or recall shall be as follows: 
A petition demanding the election of a successor 
to the person sought to be removed shall be filed 
with the county clerk, which petition shall be signed 


ELECTION LAWS. 


185 


by registered voters equal in number to at least 
twenty per cent of the entire vote cast within such 
county for all candidates for the office which the 
incumbent sought to be removed, occupies at the 
last preceding general election at which such officer 
was voted for (or a like percentage of such vote 
within those precincts of the county embraced 
within the district, township or subdivision of the 
county entitled to vote for a successor to the officer 
named, in case of an official not elected by the 
county at large), and shall contain a statement of 
the grounds on which the removal or recall is sought, 
which statement is intended solely for the informa¬ 
tion of the electors. Any insufficiency of form or 
substance in such statement shall in no wise affect 
the validity of the election and proceedings held 
thereunder. The signatures to the petition need not all 
be appended to the one paper. Each signer shall add 
to his signature his place of residence and occupa¬ 
tion, giving street and number, where such street and 
number, or either, exist, and if no street or num¬ 
ber exist, then such a designation of the place of 
residence as will enable the location to be readily 
ascerta ; ned. Each such separate paper shall have 
attached thereto an affidavit made by a qualified 
elector of the county (or particular subdivision of 
the county, as the case may be) and sworn to 
before an officer competent to administer oaths, 
stating that the affiant circulated that particular 
paper and saw written the signature appended 
thereto; and that according to the best information 
and belief of the affiant, each is the genuine signa¬ 
ture of the person whose name purports to be 
thereunto subscribed and of a qualified elector of 
the county (or particular subdivision thereof). 
Within ten days from the date of such filing such 
petition, the clerk shall examine and from the 
records of registration ascertain whether or not 
said petition is signed by the requisite number of 
qualified electors, and he shall attach to said 
petition his certificate showing the result of said 
examination. If by the clerk’s certificate the peti- 


186 


ELECTION LAWS. 


tion is shown to be insufficient, it may be supple¬ 
mented within ten days from the date of such certi¬ 
ficate, by the filing of additional papers, duplicates 
of the original petition except as to the names 
signed. The clerk shall, within ten days after such 
supplementing papers are filed, make like examina¬ 
tion of the supplementing petition, and if his cer¬ 
tificate shall show that all the names to such peti¬ 
tion, including the supplemental papers, are still 
insufficient, no action shall be taken thereon; but 
the petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely 
new petition to the same effect. If required by the 
clerk, the board of supervisors shall authorize him 
to employ, and shall provide for the compensation 
of, persons necessary in the examination of said 
petition and supplementing petitions, all in addi¬ 
tion to the persons regularly employed by him in 
his office. In case the clerk is the officer sought 
to be recalled, the duties herein provided to be 
performed by him, shall be performed by some 
other person designated by said board, for that 
purpose. If the petition shall be found to be suffi¬ 
cient the clerk shall submit the same to the 
board of supervisors without delay, whereupon the 
board shall forthwith cause a special election to be 
held within not less than thirty-five nor more than 
forty days after the date of the order calling such 
election, to determine whether the voters will recall 
such officer; provided, that if a general election 
is to occur within sixty days from the date of the 
order calling such election, the board may in its 
discretion postpone the holding of such election 
to such general election or submit such recall elec¬ 
tion at any such general election occurring not less 
than thirty-five days after such order. If a vacancy 
occur in said office after a recall petition is filed, 
the election shall nevertheless proceed as in this 
section provided. One petition is sufficient to pro¬ 
pose the removal and election of one or more elec¬ 
tive officials. One election is competent for the 


ELECTION LAWS. 


187 


removal and election of one or more elective offi¬ 
cials. Nominations for any office under such recall 
election shall be made by petition in the manner 
prescribed by section 1188 of this code; except that 
no party affiliation of candidate, signer or verifi¬ 
cation deputy shall be given, nor shall the election 
as a convention delegate or participation in a pri¬ 
mary election be any bar to signing such petition. 
Upon the sample ballot there shall be printed in 
not more than two hundred words the reasons set 
forth in the recall petition for demanding the recall 
of the officer, and upon the same ballot in not 
more than two hundred words the officer may justify 
his course in office. 

There shall be printed on the recall ballot, as to 
every officer whose recall is to be voted on thereat, 
the following question: “Shall (name of person 
against whom the recall petition is filed) be recalled 
from the office of (title of the office,) ?” following 
which question shall be the words “Yes ’’ and 
“No” on separate lines, with a blank space at the 
right of each, in which the voter shall indicate, bj 
stamping a cross (X), his vote for or against such 
recall. On such ballots, under each such question, 
there shall also be printed the names of those per¬ 
sons who have been nominated in the manner pro¬ 
vided by law for the nomination of candidates for 
such office as candidates to succeed the person 
recalled, in ease he shall be removed from office by 
said recall election; but no vote cast shall be 
counted for any candidate for said office unless the 
voter also voted on said question of the recall of 
the person sought to be recalled from said office. 
The name of the person against whom the petition 
is filed shall not appear on the ballot as a candi¬ 
date for the office. If a majority of those voting 
on said question of the recall of any incumbent 
from office shall vote “no,” said incumbent shall 
continue in office. If a majority shall vote “yes,” 
said incumbent shall thereupon be deemed removed 
from such office, upon the qualification of his suc¬ 
cessor. The canvassers shall canvass all votes for 


188 


ELECTION LAWS. 


candidates for said office and declare tlie result 
in like manner as' in a regular election. If tlie 
vote at any suck recall election shall recall the 
officer, then the candidate who has received the 
highest number of votes for the office shall be 
thereby declared elected, for the remainder of the 
term. In case the person who received the highest 
number of votes shall fail to qualify within ten 
days after receiving the certificate of election, the 
office shall be deemed vacant and shall be filled 
according to law. Where the office of registrar of 
voters exists, the duties herein imposed upon the 
county clerk shall be performed by said registrar 
of voters. [Enacted April 3, 1911; amendment ap¬ 
proved January 2, 1912; in effect March 24, 1912.] 

Official Bonds. 

4022. The Board of Supervisors of each county 
shall, on or before the first Monday in September, 
preceding the election of the following officers, pre¬ 
scribe the amount in which said officers must exe¬ 
cute official bonds: Treasurer, County Clerk, Audi¬ 
tor, Sheriff, Tax Collector, District Attorney, Re¬ 
corder, Assessor, Surveyor, Superintendent of 
Schools, Public Administrator, Coroner, Justice of 
the Peace, and Constable. The Judge or Judges of 
the Superior Court shall, on or before the said first 
Monday of September, prescribe the amount in 
which each member of the Board of Supervisors 
must execute an official bond before entering upon 
the discharge of the duties of his office. The bonds 
and sureties of such officers must, before the bonds 
can be recorded and filed, be approved by the Judge, 
or Judges, if there be more than one, of the Superior 
Court. All persons offered as sureties on official bonds 
may be examined on oath touching their qualifica¬ 
tions, and no person can be admitted as surety on any 
such bond unless he is a resident and freeholder or 
householder within the State, and is worth in real 
or personal property, or both, situate in this State, 
the amount of his undertaking, over and above all 


ELECTION LAWS. 


189 


sums for which he is already liable, exclusive of 
property exempt from execution and forced sale. 
All official bonds shall be recorded in the office of 
the County Recorder, and then filed and kept in 
the office of the County Clerk. The official bond of 
the County Clerk shall, after being recorded, be 
filed and kept in the office of the County Treasurer. 
The Tax Collector shall also before qualifying give 
a bond as License Collector in such sum as may be 
fixed by the Board of Supervisors, to be approved 
as provided in this section. [New section approved 
March 18, 1907; in effect immediately.] 

Who Is Eligible to County and Local Offices. 

4023. No person is eligible to a county, district 
or township office who, at the time of his election, 
is not of the age of twenty-one years, or over, a 
citizen of the State, and an elector of the county, 
district, township, or other division, in which the 
duties of the office are to be exercised; provided, 
that no person shall hereafter be eligible to the 
office of District Attorney who has not been ad¬ 
mitted to practice in the Supreme Court of the 
State of California; and provided further, that the 
county live stock inspector shall, at the time of his 
appointment, be a duly qualified veterinary sur¬ 
geon having on file in the office of the County 
Clerk a certificate issued to him by the State Vet¬ 
erinary Medical Board. [Amendment approved De¬ 
cember 18, 1911; in effect March 24, 1912.] 

Appointment of Deputies. 

4024. Every county, township, or district officer, 
except a Supervisor or judicial officer, may appoint 
as many deputies as may be necessary for the 
prompt and faithful discharge of the duties of his 
office. Such appointment must be made in writing 
and filed in the office of the County Clerk, and until 
such appointment is so made and filed, and until 
such deputy shall have taken the oath of office, no 


190 


ELECTION LAWS. 


one shall be or act as such deputy. [New section 
approved March 18 , 1907 ; in effect immediately.] 

Registers, Indexes, etc. 

4025. The board must provide the registers re¬ 
quired by law and printed copies of the indexes, 
poll lists, poll books, blank returns and certificates, 
proclamations of elections, and other appropriate 
and necessary appliances for holding all elections 
in the county, and allow reasonable charges there¬ 
for, and for the transmission and return of the 
same to the proper officers. [New section approved 
March 18, 1907; in effect immediately.] 

Canvass of Elections. 

4026. Whenever, as canvassers, the Board of Su¬ 
pervisors have declared the result of an election 
held in the county, certificates must be, by the 
County Clerk, issued to all persons elected to a 
county, township or district office therein, and such 
other certificates must be made out and transmitted 
as required by law. [New section approved March 
18, 1907; in effect immediately.] 

General Permanent Powers of Boards of Super¬ 
visors. 

4041. The Boards of Supervisors, in their re¬ 
spective counties, shall have jurisdiction and 
power under such limitations and restrictions as are 
prescribed by law: 

****** 

2. To divide the counties into townships, elec¬ 
tion, school, road, supervisor, sanitary, and other 
districts required by law, change the same and 
create others as convenience requires. 

3. To establish, abolish and change election pre¬ 
cincts, and to appoint inspectors * clerks and judges 
of election, canvass all election returns, declare the 
result, and order the County Clerk to issue certifi¬ 
cates thereof; but no election precinct shall be es¬ 
tablished or abolished, or the boundaries of any 


ELECTION LAWS. 191 

precinct changed, within ninety days prior to any 
election. 

****## 

19. To fill, by appointment, all vacancies that 
may occur in any office filled by the appointment of 
the Board of Supervisors and elective county or 
township officers, except in those of Judge of the 
Superior Court and Supervisor, the appointee to 
hold office for the unexpired term or until the 
next general election. [Amendment approved 
May 1, 1911.] 


ORDINANCES. 

Ordinances—How Enacted by Counties. 

Sec. 4058. Ordinances may also be enacted by 
and for any county of the state in the manner fol¬ 
lowing. Any proposed ordinance may be sub¬ 
mitted to the board of supervisors by a petition 
filed with the county clerk after being signed by 
qualified electors of the county not less in number 
to the percentages hereinafter required. The signa¬ 
tures to the petition need not all be appended to 
one paper. Each signer shall add to his signature 
his place of residence and occupation, giving street 
and number, where such street and number, or either 
exist, and if no street and number exist, then such 
a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each 
such separate paper shall have attached thereto an 
affidavit made by an elector of the county and sworn 
to before an officer competent to administer oaths, 
stating that the affiant circulated that particular 
paper and saw written the signatures appended 
thereto; and that according to the best information 
and belief of the affiant each is the genuine signa¬ 
ture of the person whose name purports to be there¬ 
unto subscribed, and of a qualified elector of the 
county. Within ten days from the date of filing 
such petition the county clerk shall examine and 
from the records of registration ascertain whether 


192 


ELECTION LAWS. 


or not said petition is signed by the requisite num¬ 
ber of qualified electors, and he shall attach to said 
petition his certificate showing the result of said 
examination. If by the clerk’s certificate the peti¬ 
tion is shown to be insufficient, it may be supple¬ 
mented within ten days from the date of such 
certificate by the filing of additional papers dupli¬ 
cates of the original petition except as to the names 
signed. The clerk shall within ten days after such 
supplementing papers are filed, make like examina¬ 
tion of the supplementing petition, and if his cer¬ 
tificate shall show that all the names to such peti¬ 
tion, including the supplemental papers are still in¬ 
sufficient, no action on the petition shall be man¬ 
datory on the board of supervisors; but the petition 
shall remain on file as a public record, and the 
failure to secure sufficient names shall be without 
prejudice to the filing later of an entirely new peti¬ 
tion to the same or similar effect. If the petition 
shall be found to be sufficient, the clerk shall sub¬ 
mit the same to the board of supervisors at its next 
regular session. 

If the petition accompanying the proposed or¬ 
dinance be signed by electors not less in number 
than twenty per cent of the entire vote cast within 
such county for all candidates for governor of the 
state at the last preceding general election at which 
such a governor was voted for, and contains a 
request that such ordinance be submitted forth¬ 
with to a vote of the people at a special election, 
then the board of supervisors shall either: 

(a) Pass such ordinance without alteration at the 
regular session at which it is presented and within 
ten days after it is presented; or, 

(b) Forthwith the supervisors shall proceed to 
call a special election at which such ordinance, with¬ 
out alteration, shall be submitted to a vote of the 
electors of the county. 

If the petition be signed by electors not less in 
number than ten per cent of the entire vote cast 
for all candidates for governor at the last preced¬ 
ing election when such candidates for governor 


ELECTION LAWS. 


193 


were voted for, and the ordinance petitioned for 
is not required to be, or for any reason is not, sub¬ 
mitted to the electors at a special election, and 
is not passed without change by said legislative 
body, then such ordinance, without alteration, shall 
be submitted by the board of supervisors to a vote 
of the electors at the next general election. 

The ballots used when voting upon said proposed 
ordinances shall have printed thereon the words 
“Shall the ordinance (stating the nature thereof) 
be adopted ?” Opposite such proposition to be 
voted on, and to the right thereof, the words “Yes” 
and “No” shall be printed on separate lines, with 
voting squares. If an elector shall stamp a cross 
(X) in the voting square after the printed word 
“Yes,” his vote shall be counted in favor of the 
adoption of the ordinance, and if he shall stamp 
a cross (X) in the voting square after the printed 
word “No,” his vote shall be counted against the 
adoption of the same. 

If a majority of the qualified electors voting on 
said proposed ordinance shall vote in favor thereof, 
such ordinance shall thereupon become a valid and 
binding ordinance of the county and be considered 
as adopted upon the date that the vote is canvassed 
and declared by the board of supervisors and go 
into effect ten days thereafter. 

Such ordinance shall have the same force and 
effect as one passed by the board of supervisors ex¬ 
cept that no ordinance proposed by petition as in 
this section provided and thereafter passed either by 
the vote of the board of supervisors without sub¬ 
mission to a vote of the people or voted upon and 
adopted by the people, shall be repealed or amended 
except by a vote of the people, unless provision 
otherwise be made in the ordinance itself. 

Any number of proposed ordinances may be voted 
upon at the same election in accordance with the 
provisions of this section; provided that there shall 
not be held under this section more than one special 
election in any period of six months. 

If any measure be submitted upon an initiative 


194 


ELECTION LAWS. 


petition of registered voters, as hereinbefore pro¬ 
vided, the persons filing said petition shall have the 
right, if they so choose, to present and file there¬ 
with a written argument in support thereof not ex¬ 
ceeding three hundred words in length, which argu¬ 
ment shall be printed upon the sample ballot issued 
for said election. Upon the same ballot shall also 
be printed any argument of not exceeding three 
hundred words in length in opposition thereto which 
may be prepared by the board of supervisors. If the 
provisions of two or more ordinances adopted at the 
same election conflict, then the ordinance receiving 
the highest number of affirmative votes shall control. 

The board of supervisors may submit to the peo¬ 
ple, without a petition therefor, a proposition for 
the repeal of any adopted ordinance or for amend¬ 
ments thereto or for the enactment of any new 
ordinance to be voted upon at any succeeding gen¬ 
eral or special election and if such proposition so 
submitted receive a majority of the votes cast there¬ 
on at such election, such ordinance shall be repealed, 
amended or enacted accordingly. 

Whenever any ordinance or proposition is re¬ 
quired by this section to be submitted to the voters 
of a county at any election the county clerk shall 
cause the ordinance or proposition to be printed and 
he shall mail a printed copy thereof, enclosed in an 
envelope with a sample ballot, to each voter, at 
least ten days prior to the election. Notice of the 
election shall be given by the board of supervisors 
by publication in some newspaper of general circu¬ 
lation throughout the county, to be designated by 
such board, for at least two weeks before the elec¬ 
tion. All the provisions of this section are to be 
liberally construed for the purpose of ascertaining 
and enforcing the will of the electors. 

The enacting clause of an ordinance passed by 
the vote of the electors shall be substantially in 
the following form: 

“The people of the county of- do ordain 

as follows:” 



ELECTION LAWS. 


195 


When a special election is to be called under the 
terms of this section it shall be held not less than 
thirty nor more than sixty days after the date of 
the presentation of the proposed ordinance to the 
board of supervisors, and shall be held as nearly as 
may be in accordance with the election laws of the 
state, provided, however, that, to avoid holding 
more than one such election within any six months, 
the date for holding such special election may be 
fixed later than such sixty days, but at as early a 
date as practicable after the expiration of such six 
months; provided further that when under any of 
the terms of this statute fixing the time within 
which a special election shall be held it is made 
possible to hold the same within three months prior 
to a general election, the board of supervisors may, 
in its discretion, submit the proposed ordinance at 
such general election instead of at a special elec¬ 
tion. Except an ordinance calling or otherwise rela¬ 
ting to an election, no ordinance passed by the 
board of supervisors except when otherwise spe¬ 
cially required by the laws of the state, and except 
an ordinance for the immediate preservation of the 
public peace, health or safety, which contains a 
declaration of the facts constituting its urgency and 
is passed by a four-fifths vote of the board, and 
no ordinance granting a franchise shall go into 
effect before thirty days from its final passage; 
and if, during said thirty days, petition signed by 
qualified electors of the county equal to ten per 
cent of the entire vote cast therein for all candi¬ 
dates for governor of the state at the last preceding 
general election at which a governor was voted for, 
protesting against the passage of such ordinance, 
be presented to the board, the same shall thereupon 
be suspended from going into operation,'and it shall 
be the duty of the board to reconsider such ordi¬ 
nance. If said board shall thereupon not entirely 
repeal said ordinance, it shall submit the same to a 
vote of the electors either at a general election or a 
special election to be called for the purpose, and 
such ordinance shall not go into effect or become 


196 


ELECTION LAWS. 


operative unless a majority of the voters voting 
upon the same shall vote in favor thereof. SiR-h 
petitions and the provisions of the law relative to 
the duty of the clerk in regard thereto and the 
manner of voting thereon, shall conform to the 
rules provided herein for the initiation of legisla¬ 
tion by the electors. 

Sec. 2. Where the office of registrar of voters 
exists, the duties herein imposed upon the county 
clerk shall be performed by said registrar of voters. 
[Enacted April 3, 1911; amendment approved Jan¬ 
uary 2, 1912; in effect March 24, 1912.] 






ELECTION LAWS. 


197 


CHAPTER V. 

SECTIONS OF THE PENAL CODE RELATING 

TO ELECTIONS. 

Acting as Election Officer Without Appointment. 

Section 40. Any person who acts as an election 
officer at any election, without first having been 
appointed and qualified as such, and any person 
who, not being an election officer, performs or dis¬ 
charges any of the duties of an election officer, 
in regard to the handling or counting or canvassing 
of any ballots cast at any election, shall be guilty 
of a felony, and on conviction be punished by im¬ 
prisonment in the State Prison for not less than 
two nor more than seven years. [New section ap¬ 
proved March 26, 1895; in effect immediately.] 

Violation of Law by Certain Officers. 

41. Every person charged with the perform¬ 
ance of any duty under the provisions of any law 
of this State relating to elections, who willfully 
neglects or refuses to perform it, or who, in his 
official capacity, knowingly and fraudulently acts 
in contravention or violation of any of the pro¬ 
visions of such laws, is, unless a different punish¬ 
ment for such acts or omissions is prescribed by 
this Code, punishable by fine not exceeding one 
thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

75 Cal. 628, 631; 142 Cal. 79; 146 Cal. 309. 

Fraudulent Registration. 

42. Every person who willfully causes, procures, 
or allows himself to be registered in any register of 
electors required by law to be made or kept, know¬ 
ing himself not to be entitled to such registration, 
is punishable by imprisonment in the State prison 
for not less than one nor more than three years. 
[Amendment approved March 21, 1905; in effect in 
sixty days.] 


•198 


ELECTION LAWS. 


Procuring Fraudulent Registration. 

42a. Every person who willfully causes, procures, 
or allows any other person to be registered in any 
register of electors required by law to be made or 
•kept, knowing him not to be entitled to such 
registration, is punishable by imprisonment in the 
State prison for not less than one nor more than 
three years. [New section approved March 21, 
1905; in effect in sixty days.] 

Refusal to be Sworn or Answer Questions. 

43. Every person who, after being required by 
the Board of Judges at an election, refuses to be 
sworn, or being sworn, refuses to answer any perti¬ 
nent questions propounded by such Board touching 
■the right of another to vote, is guilty of a misde¬ 
meanor. 

Refusal to Obey Summons. 

44. Every person summoned to appear and 
testify before any Board of Registration, who will¬ 
fully disobeys such summons, is guilty of a misde¬ 
meanor. 

Fraudulent Voting or Interference With Votes. 

45. Every person not entitled to vote who fraud¬ 
ulently votes, and every person who votes more 
than once at any one election, or knowingly hands 
in two or more tickets, folded together, or changes 
any ballot after the same has been deposited in the 
ballot-box, or adds, or attempts to add, any ballot 
to those legally polled at any election, by fraudu¬ 
lently introducing the same into the ballot-box 
either before or after the ballots therein have been 
counted; or adds to, or mixes with, or attempts to 
add to or mix with, the ballots lawfully polled, 
other ballots, while the same are being counted or 
canvassed, or at any other time, with intent to 
change the result of such election; or carries away 
or destroys, or attempts to carry away or destroy, 
any poll-lists, or ballots, or ballot-box, for the pur- 


ELECTION LAWS. 


199 


pose of breaking up or invalidating such election, 
or willfully detains, mutilates, or destroys any elec¬ 
tion returns, or in any manner so interferes with 
the officers holding such election or conducting 
such canvass, or with the voters lawfully exercis¬ 
ing their rights of voting at such election, as to pre¬ 
vent such election or canvass from being fairly held 
and lawfully conducted, is guilty of a felony. 
[Amendment approved March 21, 1905; in effect in 
sixty days.] 

91 Cal. 467; 145 Cal. 108. 

Attempting to Vote Fraudulently. 

46. Every person not entitled to vote, who fraud¬ 
ulently attempts to vote, or who, being entitled to 
vote, attempts to vote more than once at any elec¬ 
tion, or who personates, or attempts to personate, a 
person legally entitled to vote, is punishable by im¬ 
prisonment in the State prison for not less than 
one nor more than two years. [Amendment ap¬ 
proved March 21, 1905; effect in sixty days.] 

Procuring Fraudulent Votes. 

47. Every person who procures, assists, counsels, 
or advises another to give or offer his vote at any 
election, knowing that the person is not qualified to 
vote, or who aids or abets in the commission of any 
of the offenses mentioned in the preceding section, 
is punishable by imprisonment in the State prison 
not exceeding two years. [Amendment approved 
March 21, 1905; in effect in sixty days.] 

Changing Ballots or Altering Returns. 

48. Every officer or Clerk of Election who aids 
in changing or destroying any poll list, or in plac¬ 
ing any ballots in the ballot-box, or in taking any 
therefrom, or adds, or attempts to add, any ballots 
to those legally polled at such election, either by 
fraudulently introducing the same into the ballot- 
box before or after the ballots therein ha\e been 
counted, or adds to or mixes with, or attempts to 


200 


ELECTION LAWS. 


add to or mix with, the ballots polled, any other 
ballots, while the same are being counted or can¬ 
vassed, or at any other time, with intent to change 
the result of such election, or allows another to do 
so when in his power to prevent it, or carries away 
or destroys, or knowingly allows another to carry 
away or destroy, any poll list, ballot-box, or ballots 
lawfully polled, is punishable by imprisonment in 
the State prison for not less than two nor more than 
, seven years. 

Inspectors Must Not Unfold or Mark Tickets. 

49. Every inspector, judge, or clerk of an elec¬ 
tion who, previously to putting the ballot of an 
elector in the ballot-box, attempts to find out any 
name on such ballot, or who opens or suffers the 
folded ballot of any elector which has been handed 
in, to be opened or examined previously to putting 
the same into the ballot-box, or who makes or 
places any mark or device on any folded ballot with 
a view to ascertain the name of any person for 
whom the elector has voted, or who, without the 
consent of the elector, discloses the name of any 
person which such inspector, judge, or clerk has 
fraudulently or illegally discovered to have been 
voted for by such elector, is punishable by a fine 
of not less than fifty nor more than five hundred 
dollars, or by imprisonment in the county jail for 
not less than thirty days nor more than six months, 
or by both such fine and imprisonment. [Amend¬ 
ment approved March 21, 1905; in effect in sixty 
days.] 

Acting As Election Officer When Ineligible or Re¬ 
fusing to Act When Eligible. 

49a. Any person acting as a member of any elec¬ 
tion board, or as a clerk upon such board, who can¬ 
not read and write the English language, or any 
person who refuses to act upon such board, or as a 
clerk thereof, after proper notification of his ap¬ 
pointment, who is otherwise eligible, unless good 


ELECTION LAWS. 


201 


and sufficient cause for such refusal is shown to 
the Election Board or Board of Supervisors, is 
guilty of a misdemeanor, and is subject to a fine 
of five hundred dollars, and upon failure to pay such 
fine, must be imprisoned in the county jail of the 
county for the period of one day for each two dol¬ 
lars of such fine. [New section approved March 21, 
1905; in effect in sixty days.] 

Forging or Counterfeiting Returns. 

50. Every person who forges or counterfeits re¬ 
turns of an election purporting to have been held 
at a precinct, town, or ward where no election was 
in fact held, or willfully substitutes forged or coun¬ 
terfeit returns of election in the place of true re¬ 
turns for a precinct, town, or ward where an 
election was actually held, is punishable by im¬ 
prisonment in the State prison for a term not less 
than two nor more than seven years. [Amendment 
approved March 21, 1905; in effect in sixty days.] 

Altering Returns. 

51. Every person who willfully adds to, or sub¬ 
tracts from, the votes actually cast at an election, 
In any official or unofficial returns, or who alters 
such returns, is punishable by imprisonment in the 
State prison for not less than one year nor more 
than five years. [Amendment approved March 21, 
1905; in effect in sixty days.] 

Aiding or Abetting Offenses. 

52. Every person who aids or abets in the 
commission of any of the offenses mentioned in the 

four preceding sections is punishable by imprison¬ 
ment in the county jail for the period of six months, 
or in the State Prison not exceeding two years. 

Intimidating or Defrauding Electors. 

53. Every person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or 
indirectly, attempts to influence any elector in giv¬ 
ing his vote, or to deter him from giving the same? 


202 


ELECTION LAWS. 


or attempts by any means whatever to awe, restrain, 
hinder, or disturb any elector in the exercise of the 
right of suffrage, or furnishes any elector wishing 
to vote, who cannot read, with a ticket, informing 
or giving such elector to understand that it con¬ 
tains a name written or printed thereon, different 
from the name which is written or printed thereon, 
or defrauds, any elector at any such election by de¬ 
ceiving and causing such elector to vote for a dif¬ 
ferent person for any office than he intended or 
desired to vote for; or who, being Inspector, Judge, 
or Clerk of any election, while acting as such, in¬ 
duces or attempts to induce any elector, either by 
menace or reward, or promise thereof, to vote dif¬ 
ferently from what such elector intended or desired 
to vote, is guilty of felony. [Amendment approved 
February 23, 1893.] 

Furnishing Money for Election Purposes. 

54. Every person who, with intent to promote 
the election of himself or any other person, either: 

1. Furnishes entertainment at his expense to 
any meeting of electors previous to or during an 
election; 

2. Pays for, procures or engages to pay for any 
such entertainment; 

3. Furnishes or engages to pay or deliver any 
money or property for the purpose of procuring the 
attendance of voters at the polls, or for the purpose 
of compensating any person for procuring attend¬ 
ance of voters at the polls, except for the convey¬ 
ance of voters who are sick or infirm; 

4. Furnishes or engages to pay or deliver any 
money or property for any purpose intended to pro¬ 
mote the election of any candidate, except for the 
expenses of holding and conducting public meet¬ 
ings for the discussion of public questions, and of 
printing and circulating ballots, hand-bills, and 
•other papers previous to such election,—is guilty of 
a misdemeanor. 


ELECTION LAWS. 


203- 

Unlawful Receiving, Etc., of Money Before or Dur¬ 
ing and After Election. 

54a. It is unlawful for any person, directly, by 
himself, or through any other person: 

1. To receive, agree, or contract for, before or 
during an election, any money, gift, loan, or other 
valuable consideration, office, place, or employment, 
for himself or any other person, for voting or agree¬ 
ing to vote, or for coming or agreeing to come to 
the polls, or for refraining or agreeing to refrain 
from voting, or for voting or agreeing to vote, or 
refraining or agreeing to refrain from voting, for 
any particular person or persons at any election; 

2. To receive any money, or other valuable thing, 
during or after an election, on account of himself 
or any other person having voted, or refrained from 
voting, for any particular person or persons at such 
election or on account of himself or any other per¬ 
sons having come to the polls or remained away 
from the polls at such election, or on account of 
having induced any other person to vote or refrain 
from voting, or to vote or refrain from voting for 
any particular person, or persons, or to come to or 
remain away from the polls at such election; 

3. To receive any money or other valuable things 
before, during, or after election, on account of him¬ 
self or any other person having voted to secure the 
election or indorsement of any other person as the- 
nominee or candidate of any convention, organized 
assemblage of delegates, or other body representing, 
or claiming to represent, a political party or prin¬ 
ciple, or any club, society, or association, or on 
account of himself or any other person having 
aided in securing the selection or indorsement of 
any other person as a nominee or candidate as 
aforesaid. 

Every person who commits any of the offenses 
mentioned in this section is punishable by im¬ 
prisonment in the State Prison for not less than 
one nor more than seven years. [New section ap¬ 
proved March 21, 1905; in effect in sixty days.j 


204 


ELECTION LAWS. 


Unlawful Paying, Etc., of Money. 

54b. It is unlawful for any person, directly or 
indirectly, by himself or through any other person: 

1. To pay, lend, or contribute, or offer or promise 
to pay, lend, or contribute, any money or other 
valuable consideration to or for any voter, or to or 
for any other person, to induce such voter to vote 
or refrain from voting at any election, or to induce 
any voter to vote or refrain from voting at such 
election for any particular person or persons, or to 
induce such voter to come to the polls or remain 
away from the polls at such election, or on account 
of such voter having voted or refrained from vot¬ 
ing or having voted or refrained from voting for 
any particular person, or having come to the 
polls or remained away from the polls at such elec¬ 
tion; 

2. To give, offer, or promise any office, place, or 
employment, or to promise to procure, or endeavor 
to procure, any office, place, or employment to or 
for any voter, or to or for any other person, in 

order to induce such voter to vote or refrain from 
voting at any election, or to induce any voter to 
vote or refrain from voting at such election for any 

particular person or persons; 

3. To make any gift, loan, promise, offer, procure¬ 
ment, or agreement, as aforesaid, to, for, or with 
any person, in order to induce such person to pro¬ 
cure, or endeavor to procure, the election of any 
person, or the vote of any voter at any election; 

4. To procure, engage, promise, or endeavor to 
procure, in consequence of any such gift, loan, offer, 
promise, procurement, or agreement, the election of 
any person, or the vote of any voter at such elec¬ 
tion; 

5. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used in bribery at any 

election; or to knowingly pay or cause to be paid, 


ELECTION LAWS. 


205 


any money or other valuable thing to any person 
in discharge or repayment of any money, wholly 
or in part, expended in bribery at any election; 

6. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used for boarding, lodg¬ 
ing, or maintaining a person at any place or domi¬ 
cile in any election precinct, ward, or district, with 
intent to secure the vote of such person, or to in¬ 
duce such person to vote for any particular person 
or persons at any election; 

7. To advance or pay, or cause tp be paid, any 
money or other valuable thing to or for the use of 
any other person, with the intent that the same, or 
any part thereof, shall be used to aid or assist any 
person to evade arrest, who is charged with the 
commission of a crime against the elective fran¬ 
chise, for which, if the person were convicted, the 
punishment would be imprisonment in the State 
prison; 

8. To advance or pay, or cause to be paid, any 
money or other valuable thing, to or for the use 
of any other person, in consideration of being 
selected or indorsed as the candidate of any conven¬ 
tion, organized assemblage of delegates, or other 
body representing, or claiming to represent, a 
political party or principle, or any club, society, or 
association, for a public office, or in consideration 
of the selection or indorsement of any other person 
as a candidate for a public office, or in considera¬ 
tion of any member of a convention, club, society, 
or association having voted to select or indorse any 
person as a candidate for a public office, except that 
a candidate for nomination to a public office may 
contribute such proportion of the cost and expense 
of holding a primary election as is authorized by 
the Political Code of this State, and no more; 

9. To advance or pay, or cause to be paid, any 
money or other valuable thing to or for the use of 


206 


ELECTION LAWS. 


any other person, in consideration of a person with¬ 
drawing as a candidate for a public office. 

Every person who commits any of the offenses 
mentioned in this section is punishable by impris¬ 
onment in the State Prison for not less than one 
year nor more than seven years. 

[New section approved March 21, 1905; in effect 
in sixty days.] 

Procuring Votes by Promises. 

55. Every person who being a candidate at any 
election, offers or agrees to appoint, or procure the 
appointment of any particular person to office, as 
an inducement or consideration to any person to 
vote for, or procure, or aid in procuring, the election 
of such candidate, is guilty of a misdemeanor. 

99 Cal. 289. 

Soliciting, Demanding or Pledging Votes for or 

Against Bill. 

55a. Any person, either individually or as an 
officer or member of any committee or association, 
who solicits or demands of any candidate for the 
legislature, supervisor, school director, or for any 
legislative body, that he shall vote for or against 
any particular bill or measure which may come be¬ 
fore such body to which he may be elected, and any 
candidate for any of such offices who signs or 
gives any pledge that he will vote for or 
against any particular bill or measure that may be 
brought before any such body, is guilty of a mis¬ 
demeanor; and any candidate convicted under the 
provisions of this section is, in addition, disqualified 
from holding the office to which he may have been 
elected. The provisions of this section do not apply 
to any pledge or promise that any such candidate 
may give to a convention by which he may be 
nominated for any such office, or to those who sign 
a certificate for his nomination. [New section, ap¬ 
proved March 21, 1905; in effect in sixty days.] 


ELECTION LAWS. 


207 


Communicating Unlawful Offers. 

56. Every person, not being a candidate, who 
communicates any offer made in violation of the 
last section to any person with intent to induce 
him to vote for, or to procure or aid in procuring 
the election of, the candidate making the offer, is 
guilty of a misdemeanor. 

Bribing Legislative Caucuses. 

57. Every person who gives or offers a bribe to 
any officer or member of any legislative caucus, 
political convention, committee, primary election, or 
political gathering of any kind, held for the purpose 
of nominating candidates for offices of honor, trust 
or profit, in this State, with intent to influence the 
person to whom such bribe is given or offered to be 
more favorable to one candidate than another, and 
every person, member of either of the bodies in this 
section mentioned, who receives or offers to receive 
any such bribe, is punishable by imprisonment in 
the State Prison not less than one nor more than 
seven years. [Amendment approved March 21, 
1905,- in effect in sixty days.] 

126 Cal. 352. 

Fraudulent Acts to Change Result of Election by 

Officers. 

57a. Every officer or clerk of election who aids in 
changing or destroying any poll-list or official bal¬ 
lot, or in wrongfully placing any ballots in the bal¬ 
lot-box, or in taking any therefrom, or adds, or 
attempts to add, any ballots to those legally polled 
at such election, either by fraudulently introducing 
the same into the ballot-box, before or after the bal¬ 
lots therein have been counted, or adds to or mixes 
with, or attempts to add to or mix with, the ballots 
polled, any other ballots, while the same are being 
counted or canvassed, or at any other time, with 
intent to change the result of such election, or 
allows another to do so, when in his power to pre¬ 
vent it, or carries away or destroys, or knowingly 


208 


ELECTION LAWS. 


allows another to carry away or destroy, any poll- 
list, ballot-box, or ballots lawfully polled, is pun¬ 
ishable by imprisonment in the State Prison for not 
less than two nor more than seven years. [New 
section, approved March 21, 1905; in effect in 
sixty days.] 

Preventing Public Meetings. 

58. Every person who, by threats, intimidations, 
or unlawful violence, willfully hinders or prevents 
electors from assembling in public meetings for the 
consideration of public questions, is guilty of a 
misdemeanor. 

Unlawful Interference with Elective Franchise. 

59. It is unlawful for any person, directly or 
indirectly, by himself or other person in his behalf, 
to make use of, or threaten to make use of, any 
force, violence, or restraint, or to inflict or threaten 
the infliction, by himself or through any other per¬ 
son, of any injury, damage, harm, or loss, or in any 
manner to practice intimidation upon or against 
any person, in order to induce or compel such person 
to vote or refrain from voting at any election, or 
to vote or refrain from voting for any particular 
person or persons at any election, or on account of 
such person or persons at any election, or on ac¬ 
count of such person having voted or refrained 
from voting at any election. And it is unlawful 
for any person, by abduction, duress, or any forcible 
or fraudulent device or contrivance whatever, to im¬ 
pede, prevent, or otherwise interfere with the free 
exercise of the elective franchise by any voter; or 
to compel, induce, or prevail upon any voter either 
to give or refrain from giving his vote at any elec¬ 
tion, or to give or refrain from giving his vote for 
any particular person or persons at any election. 
It is not lawful for any employer, in paying his 
employes the salary or wages due them, to inclose 
their pay in pay envelopes upon which there is 
written or printed the name of any candidate, or 


ELECTION LAWS. 


209 


any political mottoes, devices, or arguments con¬ 
taining threats, express or implied, intended .or 
calculated to influence the political opinions oi 
actions of such employes. Nor is it lawful for any 
employer, within ninety days of any election, to put 
up or otherwise exhibit in his factory, workshop, or 
other establishment or place where his workmen or 
employes may be working, any handbill or placard 
containing any threat, notice, or information, that 
in case any particular ticket of a political party, or 
organization, or candidate shall be elected, work in 
his place or establishment will cease, in whole or 
in part, or his place of establishment be closed up, 
or the salaries or wages of his workmen or employes 
be reduced, or other threats, express or implied, in¬ 
tended or calculated to influence the political opin¬ 
ions or actions of his workmen or employes. This 
section applies to corporations as well as indi¬ 
viduals, and any person or corporation violating 
the provisions of this section is guilty of a misde¬ 
meanor, and any corporation violating this section 
shall forfeit its charter. [Amendment approved 
March 21, 1905; in effect in sixty days.] 

Betting on Elections. 

60. Every person who makes, offers or accepts any 
bet or wager upon the result of any election, or 
upon the success or failure of any person or candi¬ 
date, or upon the number of votes to be cast either 
in the aggregate or for any particular candidate, 
or upon the vote to be cast by any person, is guilty 
of a misdemeanor. 

Violation of Election Laws by Persons Not Officers. 

61. Every person who willfully violates any of 
the provisions of the laws of this State relating to 
elections is, unless a different punishment for such 
violation is prescribed by this Code, punishable by 
a fine not exceeding one thousand dollars, or by 
imprisonment in the State Prison not exceeding 
five years, or by both. 


210 


ELECTION LAWS. 


Printing or Circulating Incorrect Tickets. 

62. Every person who prints any ticket not in 
conformity with the provisions of chapter eight of 
title two of part three of the Political Code, or 
who circulates or gives to another any ticket, know¬ 
ing at the time that such ticket does not conform 
to the provisions of chapter eight of title two of 
part three of the Political Code, is guilty of a mis¬ 
demeanor. [Amendment approved March 21, 1905; 
in effect in sixty days.] 

Certain Matter Must Not Be Printed or Circulated 

Unless Signed. 

62a. Every person who intentionally writes, 
prints, posts, or distributes, or causes to be written, 
printed, posted, or distributed, any circular, pam¬ 
phlet, letter, or poster which is designed or intended 
to injure or defeat any candidate for nomination 
or election to any public office by reflecting upon 
his personal character or political action, unless 
there appears upon such circular, pamphlet, letter, 
or poster, in a conspicuous place, either the name of 
the Chairman and Secretary or the names of two 
officers at least of the political or other organiza¬ 
tion issuing the same, or the name and residence, 
with the street and number thereof, if any, of 
some voter of this State, and responsible therefor, 
shall be guilty of a misdemeanor. [New section 
approved March 15, 1901; in effect immediately.] 

Printer Must Add His Imprint. 

62b. Every person who prints any circular, pam¬ 
phlet, letter, or poster of the kind or character 
mentioned in section 62a of this Code, without add¬ 
ing thereto his name, showing the printing office at 
which the same was printed, is guilty of a misde¬ 
meanor. [New section approved March 15, 1901; in 
effect immediately.] 


ELECTION LAWS. 211 

Advancing Money for Election of United States 

Senator. 

63. Every candidate for United States Senator 
at an approaching session of the Legislature, and 
every person acting for or on behalf of any such 
candidate for Senator in the Congress of the 
United States at an approaching session of the 
Legislature, who shall advance or give or loan, or 
promise to advance or give or loan, any money or 
property to any candidate for the Legislature, be¬ 
fore or after his nomination, or before or after his 
election, under an express or implied promise that 
such candidate for the Legislature (whether nomi¬ 
nated or not, or before or after his election) will 
support or vote for such candidate for Senator in 
the Congress of the United States at an approach¬ 
ing session of the Legislature, shall be deemed 
guilty of a felony. The advancing, giving or loan¬ 
ing of money or property, or the promise to ad¬ 
vance, give, or loan money or property to any can¬ 
didate for the Legislature, by any candidate for 
Senator as aforesaid, or by any person for him, or 
on his behalf, as aforesaid, shall be deemed prima 
facie proof of an express or implied agreement 
that such candidate for the Legislature will, if 
elected to the Legislature, vote for such candidate 
for Senator in Congress. [New section approved 
March 9, 1899; in effect in sixty days.] 

Accepting of Money. 

631/ 2 . Every person being a member-elect of the 
Legislature, and every person being a candidate for 
the Legislature, and every person being a candi¬ 
date for nomination for the Legislature, who shall 
accept any money or property from any candidate 
for Senator in the Congress of the United States 
before the Legislature at an approaching session 
thereof, or from any other person acting for or on 
behalf of any such candidate for Senator in the 
Congress of the United States at an approaching 
session of the Legislature, under an express or im- 


212 


ELECTION LAWS. 


plied promise that such member-elect of the Legis¬ 
lature, or such candidate for the Legislature, or 
candidate for nomination for the Legislature, will, 
if elected as a member of the Legislature, support 
or vote for any such candidate for Senator in the 
Congress of the United States for that office, shall 
be deemed guilty of a felony. The receipt of money 
or property by any member-elect of the Legislature 
and by any candidate for the Legislature, and by 
any candidate for nomination for the Legislature, 
from any candidate before the Legislature for Sen¬ 
ator in Congress at an approaching session of the 
Legislature as aforesaid, or from any person acting 
for or on behalf of any such candidate for Senator 
in Congress as aforesaid, shall be prima facie proof 
of an express or implied agreement that such mem¬ 
ber-elect of the Legislature will vote for such 
candidate for Senator as aforesaid, and that such 
candidate, or candidate for nomination for the 
Legislature, will, if elected, vote for such candidate 
for Senator as aforesaid. [New section approved 
March 9, 1899; in effect in sixty days.] 

Furnishing Liquors During Election Hours. 

63b. Every person keeping a public house, saloon, 
or drinking place, whether licensed or unlicensed, 
who sells, gives away, or furnishes spirituous or malt 
liquors, wine, or any other intoxicant, on any part 
of any day set apart for any general or special 
election, in any election district or precinct in any 
county of the State where an election is in progress, 
during the hours when by law the polls are required 
to be kept open, is guilty of a misdemeanor. [New 
section approved March 21, 1905; in effect in sixty 
days.] 

Witness Not Excused on Ground That He May 

Criminate Himself. 

64. No person otherwise competent as a witness, 
shall be disqualified or excused from testifying con¬ 
cerning any of the offenses enumerated and pre¬ 
scribed in this title, on the ground that such testi- 


ELECTION LAWS. 


213 


mony may criminate himself; but no prosecution 
can afterwards be had against such witness for any 
such offense concerning which he testified for the 
prosecution. [New section approved March zl), 
1891.] 

146 Cal. 309. 

Provisions Applicable to Primary Elections. 

64y 2 . All the provisions of sections forty to sixty- 
four of this Code, both inclusive, shall apply with 
like force and effect to elections, known and desig¬ 
nated as primary elections, held and conducted 
under official supervision pursuant to law and to 
registration therefor, as to other elections, whether 
the word “ primary ’ 1 be used in connection with 
the word election ’ 1 or “ elections” used in said 
sections or not. [Amendment approved March 4, 
1899; in effect immediately.] 


214 


ELECTION LAWS. 


CHAPTER VI. 

SECTIONS OF CODE OF CIVIL PROCEDURE 
RELATING TO ELECTIONS. 

Grounds of Contesting Elections. 

1111. Any elector of a county, city and county, 
city, or of any political subdivision of either, may 
contest the right of any person declared elected to 
an office to be exercised therein, for any of the 
following causes: 

1. For malconduct on the part of the Board of 
Judges, or any member thereof. 

2. When the person whose right to the office is 
contested was not, at the time of the election, 
eligible to such office. 

3. When the person whose right is contested has 
given to any elector, or Inspector, Judge, or Clerk 
of the election, any bribe or reward, or has offered 
any such bribe or reward for the purpose of pro¬ 
curing his election, or has committed any other 
offense against the elective franchise, defined in 
Title IV, Part I, of the Penal Code. 

4. On account of illegal votes. 

46 Cal. 401; 64 Cal. 95; 65 Cal. 59; 83 Cal. 71; 
87 Cal. 124; 100 Cal. 201; 104 Cal. 661; 
111 Cal. 420; 114 Cal. 96; 118 Cal. 395, 
400; 127 Cal. 31; 128 Cal. 284; 129 Cal. 
327; 134 Cal. 152; 136 Cal. 266; 138 Cal. 
152; 139 Cal. 5; 141 Cal. 413, 559; 142 
Cal. 78, 498, 592; 143 Cal. 470, 546; 146 
Cal. 329; 148 Cal. 14; 151 Cal. 163; 154 
Cal. 280, 281, 282; 158 Cal. 539, 541; 1 
Cal. App. 129, 300; 2 Cal. App. 55; 6 Cal. 
App. 125; 7 Cal. App. 157. 

Irregularity in Conduct of Judges. 

1112. No irregularity or improper conduct in the 
proceedings of the Judges, or any of them, is such 
malconduct as avoids an election, unless the irregu- 


ELECTION LAWS. 


215 


larity or improper conduct is such as to procure the 
person whose right to the office is contested to be 
declared elected, when he had not received the high¬ 
est number of legal votes. 

83 Cal. 78; 108 Cal. Ill; 124 Cal. 13; 136 Cal. 
402; 143 Cal. 342, 486, 546, 547, 549; 148 
Cal. 14. 

When Does Not Annul Elections. 

1113. When any election held for an office exer¬ 

cised in and for a county is contested on account 
of any malconduct on the part of the Board of 
Judges of any township election, or any member 
thereof, the election cannot be annulled and set 
aside upon any proof thereof, unless the rejection of 
the vote of such township or townships would 
change the result as to such office in the remaining 
vote of the county. < 

148 Cal. 14. 

Illegal Votes Do Not Annul, When. 

1114. Nothing in the fourth ground of contest, 
specified in Section eleven hundred and eleven, is 
to be so construed as to authorize an election to be 
set aside on account of illegal votes, unless it appear 
that a number of illegal votes has been given to 
the person whose right to the office is contested, 
which, if taken from him, would reduce the number 
of his legal votes below the number of votes given 
to some other person for the same office, after de¬ 
ducting therefrom the illegal votes which may be 
shown to have been given to such other person. 

65 Cal. 286; 83 Cal. 73; 128 Cal. 284; 143 Cal. 
547; 148 Cal. 14. 

Procedure in Case of Contest. 

1115. When an elector contests the right of any 
person declared elected to such office, he must file 
with the County Clerk a written statement, setting 
forth specifically: 

1. The name of the party contesting such elec¬ 
tion, and that he is an elector of the district, 


216 


ELECTION LAWS. 


county, or township, as the case may be, in which 
such election was held; 

2. The name of the person whose right to the 
office is contested; 

3. The office; 

4. The particular grounds of such contest; 

Such statement must be verified by the contesting 

party, as provided by Section 446 of this Code, and 
must be filed within thirty days after the declara¬ 
tion of the result of the election by the body can¬ 
vassing the returns thereof, except in cases where 
the contest is brought on any of the grounds men¬ 
tioned in subdivision three of section one thousand 
one hundred and eleven, when it must be brought 
within six months after the declaration of the re¬ 
sult of the election by the body canvassing the 
returns thereof. [Amendment approved March 25, 
1909; in effect immediately.] 

46 Cal. 403; 58 Cal. 207; 65 Cal. 59; 111 Cal. 

130; 121 Cal. 479; 141 Cal. 274; 142 Cal. 

504; 143 Cal. 485; 146 Cal. 329; 148 Cal. 

14; 158 Cal. 539; 13 Cal. App. 274. 

When Illegal Voting Is Cause of Contest. 

1116. When the reception of illegal votes is 
alleged as a cause of contest, it is sufficient to state 
generally that in one or more specified voting pre¬ 
cincts illegal votes were given to the person whose 
election is contested, which, if taken from him, 
will reduce the number of his legal votes below 
the number of legal votes given to some other per¬ 
son for the same office; but no testimony can be 
received of any illegal votes, unless the party con¬ 
testing such election deliver to the opposite party, 
at least three days before such trial, a written list 
of the number of illegal votes, and by whom given, 
which he intends to prove on such trial; and no 


ELECTION LAWS. 217 

testimony can be received of any illegal votes ex¬ 
cept such as are specified in such list. 

51 Cal. 516; 58 Cal. 211; 105 Cal. 182; 121 
Cal. 534; 136 Cal. 4, 277; 142 Cal. 504; 
148 Cal. 14; 11 Cal. App. 587, 588. 

Want of Form. 

1117. No statement of the grounds of contest 
will be rejected, nor the proceedings dismissed by 
any Court, for want of form, if the grounds of con¬ 
test are alleged with such certainty as will advise 
the defendant of the particular proceeding or cause 
for which such election is contested. 

141 Cal. 275; 143 Cal. 21, 485; 145 Cal. 318; 
148 Cal. 14; 1 Cal. App. 300. 

Superior Court Must Set Day for Hearing Contest. 

1118. Upon the statement being filed, the County 
Clerk must inform the Superior Court of the county 
thereof, which shall thereupon set some day to be 
named by it, not less than ten nor more than 
twenty days from the date of such order, to hear 
and determine such contested election. [Amend¬ 
ment approved March 18, 1907; in effect in sixty 
days.] 

(This section was enacted twice. See below.) 

158 Cal. 540; 13 Cal. App. 273. 

Special Session of Court. 

1118. Within five days after the end of the time 
allowed for filing such statements the County Clerk 
must notify the Superior Court of the county or city 
and county of all statements filed. The court shall 
thereupon order a special session to be held, on 
some day to be named by it, not less than ten nor 
more than twenty days from the date of such order, 
at which session the ballots shall be opened and a 
recount taken, in the presence of all the parties, of 
the votes cast for the various candidates in all 
contests where it appears from the statements filed 
that a recount is necessary for the proper determin- 


218 


ELECTION LAWS. 


ation of such contest or contests. The court shall 
continue in special session to hear and determine 
all other issues arising in such contested elections, 
and within ten days after the submission thereof 
the court shall file its findings of fact and conclu¬ 
sions of law, and immediately thereafter judgment 
thereon shall be entered. [Amendment approved 
March 19, 1907; in effect immediately.] 

(See preceding section.) 

119 Cal. 614, 616; 143 Cal. 21; 148 Cal. 14; 
158 Cal. 540; 13 Cal. App. 273, 274, 275. 

Clerk Must Issue Citation. 

1119. The Clerk shall thereupon issue a citation 
for the person whose right to the office is contested, 
to appear at the time and place specified in the 
order, which citation must be delivered to the 
Sheriff, and served either upon the party in person, 
or, if he cannot be found, by leaving a copy 
thereof at the house where he last resided, at least 
five days before the time so specified. 

148 Cal. 14; 158 Cal. 539, 540, 542, 544, 545, 
546; 12 Cal. App. 421; 13 Cal. App. 275. 

Witnesses to Be Subpoenaed. 

1120. The Clerk must issue subpoenas for wit¬ 
nesses at the request of either party, which must 
be served as other subpoenas; and the Superior 
Court shall have full power to issue attachments to 
compel the attendance of witnesses who have been 
subpoenaed to attend. 

148 Cal. 14. 

Hearing of Contest. 

1121. The Court must meet at the time and place 
-designated, to determine such contested election, 
and shall have all the powers necessary to the de¬ 
termination thereof. It may adjourn from day to 
day until such trial is ended, and may also continue 
the trial, before its commencement, for any time 
not exceeding twenty days, for good cause shown 


ELECTION LAWS. 


219 


by either party upon affidavit, at the costs of the 
party applying for such continuance. 

119 Cal. 614, 617; 148 Cal. 14; 158 Cal. 540, 
542, 545, 546, 547. 


Rules Governing Trial and Determination. 

1122. The Court must be governed, in the trial 
and determination of such contested election, by 
the rules of law and evidence governing the deter¬ 
mination of questions of law and fact, so far as 
the same may be applicable; and may dismiss the 
proceedings if the statement of the cause or causes 
of the contest is sufficient, or for want of prosecu¬ 
tion. After hearing the proofs and allegations of 
the parties, the Court must pronounce judgment in 
the premises, either confirming or annulling and set¬ 
ting aside such election. 

65 Cal. 286; 104 Cal. 664; 121 Cal. 479; 141 
Cal. 563; 142 Cal. 373; 148 Cal. 14; 1 Cal. 
App. 129; 7 Cal. App. 157. 


Court Must Declare Person Elected. 

1123. If in any such case it appears that another 
person than the one returned has the highest num¬ 
ber of legal votes, the court must declare such 
person elected. The person declared elected by the 
Superior Court shall be entitled to a certificate of 
election; and if a certificate has not already been 
issued to him, the County Clerk must immediately 
make out and deliver to such person a certificate of 
election signed by him, and authenticated with the 
seal of the Superior Court. If the Clerk has issued 
any certificate for the same office to any other per¬ 
son than the one declared elected by the court, such 
certificate shall be annulled by the judgment. 
[Amendment approved March 19, 1907; in effect in 
sixty days.] 

128 Cal. 284; 140 Cal. 651; 141 Cal. 416, 561, 
563; 148 Cal. 14; 154 Cal. 284. 


220 


ELECTION LAWS. 


Tie Vote—Who May Contest. 

1124. Whenever the body canvassing the returns 
of any such election declares that no person has 
received the highest number of votes given for 
that particular office, any elector of the county, city 
and county, city or political subdivision of either, 
in which such office is to be exercised may, within 
twenty days after such declaration, contest the 
same by filing with the Clerk a written statement 
setting forth the matters stated in subdivisions 
one, three and four of Section 1115 and also the 
names of the persons shown by such declaration to 
have received the highest and equal number of 
votes; which statement must be verified. 

A citation must thereupon be issued to and 
served upon such of said persons receiving an 
equal number of votes as are not contestants as 
provided in Section 1119. 

Thereupon like proceedings must be had as are 
provided in this title for contesting the right of a 
person declared elected; and all the provisions of 
this title so far as applicable thereto must govern 
in such proceedings. 

If the court finds that some person has received 
the highest number of votes such person must be 
declared elected. [New section approved March 19, 
1907; in effect in sixty days.] 

(This section was enacted twice. See below.) 

Tie Vote—Who May Contest. 

1124. Whenever the body canvassing the returns 
of any such election declares that no person has 
received the highest number of votes given for that 
particular office, any elector of the county, city and 
county, city, or political subdivision of either, in 
which such office is to be exercised, may, within 
twenty days after such declaration, contest the same 
by filing with the County Clerk a written statement, 
setting forth specifically the matters stated in sub¬ 
divisions 1, 3 and 4 of Section 1115, and also the 
names of the persons shown by such declaration- to 


ELECTION LAWS. 


221 


have received an equal number of votes; which 
statement must be verified as provided in said Sec¬ 
tion 1115. A citation must thereupon be issued for 
and served upon the persons so declared to have re¬ 
ceived an equal number of votes, as provided in 
Section 1119, unless one of such persons is the con¬ 
testant, in which case the citation need not be is¬ 
sued for or served upon him. Thereupon like pro¬ 
ceedings must be had as are provided in this title 
for contesting the right of a person declared elected, 
and all the provisions of this title, so far as applica¬ 
ble thereto, must govern in such proceedings. 
[New section approved March 23, 1907; in effect in 
sixty days.] 

(See preceding section.) 

148 Cal. 14. 

Costs of the Proceedings. 

1125. If the proceedings are dismissed for in¬ 
sufficiency, or for want of prosecution, or the elec¬ 
tion is by the court confirmed, judgment must be 
rendered against the party contesting such election, 
for costs, in favor of the party whose election was 
contested; but if the election is annulled or set 
aside, judgment for costs must be rendered against 
the party whose election was contested, in favor of 
the party contesting the same; provided, that where 
two or more contested elections are joined for the 
purpose of recounting votes as in this title provided, 
the costs shall be apportioned among the parties in 
the discretion of the court. Primarily each party is 
liable for the costs created by himself, to the offi¬ 
cers and witnesses entitled thereto, which may be 
collected in the same manner as similar costs are 
collected in other cases. [Amendment approved 
March 19, 1907; in effect in sixty days.] 

65 Cal. 286; 127 Cal. 33; 143 Cal. 549; 148 Cal. 

14; 7 Cal. App. 154. 


222 


ELECTION LAWS. 


Right of Appeal. 

1126. Either party aggrieved by the judgment of 
the court may appeal therefrom to the District 
Court of Appeal, as in other cases of appeal thereto 
from the Superior Court; provided, that during the 
pendency of proceedings on appeal, and until final 
determination of such proceedings, the person de¬ 
clared elected by the Superior Court shall be en¬ 
titled to the office in like manner as if no appeal 
had been taken. [Amendment approved April 16, 
1909; in effect in sixty days.] 

79 Cal. 483; 114 Cai. 98; 125 Cal. 528; 146 
Cal. 325; 148 Cal. 14. 

(This section was amended twice in 1907; by the 
amendment approved March 17, 1907, and again by 
the amendment approved March 23, 1907. As the 
amendment of 1909 supersedes the amendment of 
March 19, 1907, the amendment of March 23, 1907, 
which limits the time to appeal, is also given be¬ 
low.) 

Appeal. 

1126. Either party aggrieved by the judgment of 
the court may, within thirty days after notice of 
the entry thereof, appeal therefrom to the supreme 
court, as in other eases of appeal thereto from the 
superior court. [Amendment approved March 23, 
1907.] 

(See preceding section and note.) 

When Election Is Void. 

1127. Whenever an election is annulled or set 
aside by the judgment of the Superior Court, and 
no appeal has been taken within ten days there¬ 
after, the commission, if any has issued, is void, 
and the office vacant. 

Ill Cal. 420; 114 Cal. 96; 129 Cal. 327; 134 
Cal. 152; 148 Cal. 14; 151 Cal. 169; 152 
Cal. 270; 158 Cal. 539; 1 Cal. App. 300; 
2 Cal. App. 573. 


ELECTION LAWS. 


223 


CHAPTER VII. 

IMPORTANT CALIFORNIA STATUTES RELAT¬ 
ING TO ELECTIONS. 


DIRECT PRIMARY LAW. 

An act to provide for and regulate primary elec¬ 
tions, and providing a method for choosing the 
delegates for political parties to state conven¬ 
tions and for nominating electors of president 
and vice president of the United States, and pro¬ 
viding for the election of party county central 
committees, and to repeal the act approved April 
7, 1911, known as the direct primary law, and 
also to repeal the act approved December 24, 
1911, amending sections 1, 3, 5, 7, 10, 12, 13, 22, 
23, and 24 of the said direct primary law, and 
also to repeal all other acts or parts of acts in¬ 
consistent with or in conflict with the provisions 
of this act. 

[Approved June 16, 1913.] 

The people of the State of California do enact as 

follows: 


Definition. 

Section 1. Words and phrases where used in this 
act shall, unless such construction be inconsistent 
with the context, be construed as follows: 

1. The words “primary election ,” any and every 
primary nominating election provided for by this 
act. 

2. The words “August primary election,” the 
primary election held in August to nominate candi¬ 
dates to be voted for at the ensuing November 
election or to elect members of a party central com¬ 
mittee or delegates to a party convention. 

3. The words “May presidential primary elec¬ 
tion” any such primary election, held in May of 
each year of the general November election at 



224 


ELECTION LAWS. 


which electors of president and vice president of 
the United States are to be chosen, as shall provide 
for the indication of preference in the several po¬ 
litical parties for party candidates for president of 
the United States through the election of delegates 
to national party conventions. 

4. The word ‘ 1 election,’ ’ a general state, county, 
city or city and county election as distinguished 
from a primary election. 

5. The words ‘ 1 November election, * ’ either the 
presidential election, or the general state, county, 
or city and county election held in November of 
each even numbered year. 

6. The words “judicial officer,” any justice of 
the supreme court, justice of a district court of ap¬ 
peal, judge of the superior court, justice of the 
peace, or justice of such inferior court as the legis¬ 
lature may establish in any county, township, incor¬ 
porated city or town, or city and county; and the 
words “judicial office,” the office filled by any of 
the above judicial officers. 

7. The words “school officer,” the superintendent 
of public instruction and the superintendent of 
schools of a county or city and county; and the 
words “school office,” the office filled by any of the 
above school officers. 

8. The words “county officer,” any officer elected 
within the boundaries of any county or city and 
county, except a member of the state senate or as¬ 
sembly or a member of the house of representatives 
of the congress of the United States or a member 
of any party county central committee or delegate 
to a state convention from a hold-over senatorial 
district; and the words “county office,” the office 
filled by any county officer. The words ‘ ‘ township 
officer,” any such county officer as is elected within 
the boundaries of any judicial township that is row 
or may be hereafter provided by law; and the words 
‘ 1 township office, ’ ’ the office filled by any township 
officer. 

9. The word or words “political party,” 
“party,” “political organization,” or “organiza- 


ELECTION LAWS. 


225 


tion,” a political party or organization of electors 
which has qualified, as hereinafter provided, for par¬ 
ticipation in any primary election; and such party 
or organization shall be deemed to have so qualified 
when any one or more of the three following condi¬ 
tions have been complied with: 

a. If at the last preceding November election 
there was polled for any one of its candidates who 
was the candidate of such party only for any office 
voted on throughout the state, at least three per 
cent of the entire vote of the state, or for any one 
of its candidates who was the joint candidate of 
such party and any other party for any office voted 
on throughout the state, at least six per cent of the 
entire vote of the state; or 

b. If on or before a date which shall be the fif¬ 
tieth day before any primary election, there shall 
have registered within the state, as intending to 
affiliate with such party or organization as shall 
have been designated in their affidavits of registra¬ 
tion, qualified electors equal in number to at least 
three per cent of the total number of electors regis¬ 
tered throughout the state for the last preceding 
November election; the number of such registered 
qualified electors to be determined by the secretary 
of state from the statements transmitted to him as 
required by subdivision 1 of section 4 of this act; 
or 

c. If on or before a date which shall be the fif¬ 
tieth day before any primary election, there shall be 
filed with the secretary of state a petition signed 
by registered qualified electors of the state, whether 
registered as intending to affiliate with any political 
party or not, equal in number to at least three per 
cent of the entire vote of the state at the last 
preceding November election, declaring that they 
represent a political party or organization the name 
of which shall be stated therein, which party said 
electors desire to have participate in such primary 
election; such petition to be circulated, signed, and 
the signatures thereon of the registered electors 
certified to and transmitted to the secretary of 


226 


ELECTION LAWS. 


state by the county clerks substantially as provided 
in section 5 of this act, for the circulation, signing, 
certification, and transmission of nomination papers 
for state officers; providing, however, that no elec¬ 
tors or organization of electors shall assume a party 
name or designation which shall be so similar to the 
name of an existing party or organization as to mis¬ 
lead voters. 

This statute shall be liberally construed, so that 

the real will of the electors shall not be defeated bv 

«/ 

any informality or failure to comply with all the 
provisions of law in respect to either the giving 
of any notice or the conducting of the primary elec¬ 
tion or certifying the results thereof. 

In each county and city and county in this state, 
having a registrar of voters or registrar of voters 
and a board of election commissioners, the powers 
conferred and the duties imposed in this statute 
upon a county clerk and his deputies, and other 
officers in relation to matters of election and polling 
pjaces, shall be exercised and performed by such 
registrar of voters or his deputies, or registrar of 
voters or his deputies and board of election com¬ 
missioners; and all nominating papers, list of can¬ 
didates, expenses, and oaths of office, required by 
this statute to be made to county clerks, shall be 
filed with the registrar of voters. 

Nominations—How Made. 

Sec. 2. All candidates nominated at a primary 
election for elective public offices shall be nomi¬ 
nated by direct vote at such election held in ac¬ 
cordance with the provisions of this act; provided, 
that electors of president and vice-president of the 
United States shall be nominated as provided in 
subdivision 2 of section 24 of this act. Party can¬ 
didates for the office of United States senator shall 
have their names placed on the official primary elec¬ 
tion ballots of their respective parties and shall be 
in all respects nominated in the manner herein pro¬ 
vided for state officers. This act shall not apply to 
special elections to fill vacancies; nor to the nomi- 


ELECTION LAWS. 


227 


nation of officers of municipalities, counties, or 
cities and counties whose charters provide a system 
for nominating candidates for such officers; nor the 
nomination of officers for any district not formed 
for municipal purposes; nor to the nomination of 
freeholders to be elected for the purpose of fram¬ 
ing a charter; nor to the nomination of officers for 
cities of the sixth class; nor to the nomination of 
school district officers. 

Primary—When Held. 

Sec. 3. The August primary election shall be held 
at the legally designated polling places in each 
precinct on the last Tuesday in August, for the 
nomination of all candidates to be voted for at the 
ensuing November election. The day of the Au¬ 
gust primary election and the day of the May presi¬ 
dential primary election are hereby declared to be 
holidays within the meaning of section 10 of the 
Political Code. Any person entitled to vote at 
such August or May primary elections shall, on the 
day of such election, be entitled to absent himself 
from any service or employment in which he is then 
engaged or employed, for the period of two con¬ 
secutive hours, between the time of opening an 1 
the time of closing the polls; and such voter shall 
not, because of so absenting himself, be liable to 
any penalty, nor shall any deduction be made, on 
account of such absence, from his usual salary or 
wages. Any primary election other than the Au¬ 
gust primary election, or May presidential primary 
election shall be held on Tuesday, three weeks next 
preceding the election for which such primary elec¬ 
tion is held. Secretary of State shall send out No¬ 
tices of Offices to be filled. 

Publication of Notice. 

Sec. 4. 1. On the first Monday in February, on the 
Monday wffiich is the fiftieth day before the first 
Tuesday in May, on the first Monday in June, and 
on the Monday which is the fiftieth day before t! 
last Tuesday in August, in each even numbered 


228 


ELECTION LAWS. 


year, the county clerk or registrar of voters of each 
county or city and county shall transmit a state¬ 
ment to the secretary of state of the total number 
of electojs registered in his county since the first 
day of January next preceding, together with the 
number so registered under each of the several po¬ 
litical affiliations, and also the number declining 
or failing to declare such affiliation. At least forty 
days before the time of holding the August primary 
election in 1914 and biennially thereafter, the sec¬ 
retary of state shall prepare and transmit to each 
county clerk and to the registrar of voters in any 
city and county a notice in writing designating 
the offices for which candidates are to be nominated 
at such primary election, together with the names 
of the political parties qualified to participate in 
such election. 

2. Within ten days after receipt of such notice 
such county clerk or registrar of voters in any city 
and county shall publish once in each week for two 
successive weeks in not more than two newspapers 
published in such county or city and county so much 
thereof as may be applicable to his county, includ¬ 
ing a statement of the number of members of the 
county central committee to be elected by each 
political party in each supervisorial or assembly 
district, as the case may be, according to the pro¬ 
visions of subdivision 4 of section 24 of this act. 

3. In the case of August primary elections for the 
nomination of candidates for city or city and county 
officers to be voted for at the November election in 
the odd numbered years, the city clerk or secretary 
of the legislative body in any such city or the reg¬ 
istrar of voters in any such city and county shall 
cause the publication of notice of such primary elec¬ 
tion, together with a complete statement of the 
offices for which candidates are to be nominated, 
once in each week for two successive weeks in not 
more than two newspapers of general circulation 
published in such city or city and county, the last 
publication to be made not more than forty and not 


ELECTION LAWS. 


229 


less than fourteen days before such primary elec¬ 
tion. • 

4. In the case of primary elections other than the 
August primary elections the city clerk or secretary 
of the legislative body of the political subdivision 
for which such primary election shall be held shall 
cause one publication of such notice to be given, 
such publication to be not more than forty and not 
less than fourteen days before such primary elec¬ 
tion. 

Nomination Papers—Verification Deputies. 

Sec. 5. 1. The name of no candidate shall be 

printed on an official ballot to be used at any pri¬ 
mary election unless at least forty days prior to the 
primary election, if the candidate is to be voted for 
at the August primary election or the May presiden¬ 
tial primary election, and at least twenty days prior 
to the primary election, if the candidate is to be 
voted for at a primary election other than the Au¬ 
gust or May primary election, a nomination paper 
shall have been filed in his behalf as hereinafter 
provided by this act. 

2. a. The candidate may appoint verification 
deputies to serve within the county or city and 
•county in which such deputies reside in securing 
signatures to his nomination paper for nomination 
to the office for which he is a candidate, and the 
verification deputies thus appointed shall be recog¬ 
nized as the duly authorized verification deputies 
to secure signatures to the nomination paper of such 
• candidate in such county or city and county. The 
document in which such verification deputies are 
appointed as herein provided shall be filed with the 
county clerk of the county or city and county in 
which such verification deputies reside, at or before 
the time the nomination paper of the candidate is 
left with the county clerk for filing or for examina¬ 
tion as provided in subdivision 4 of this section. 
Said document shall be in substantially the follow¬ 
ing form: 

I, the undersigned, a candidate for the-party 


230 


ELECTION LAWS. 


nomination for the office of . . . which nomination 
is to be made by direct vote at a primary election 
to be held on the .... day of August, 19...., do 
hereby appoint the following registered qualified 
electors of the county of . . . ., as verification depu¬ 
ties to obtain signatures in said county to a nomi¬ 
nation paper placing me in nomination as a candi¬ 
date of said .... party for said office of . 

VERIFICATION DEPUTIES. 

Names. Residence. 


etc. etc. 

(Signature). 

(Residence). 

Filed in the office of the county clerk of .... 
county this .... day of ...., 19.... 

., County Clerk. 

By ., Deputy. 

In case it is desired to appoint additional verifica¬ 
tion deputies to secure signatures to the nomination 
paper of such candidate, one or more similar docu¬ 
ments may be filed to supplement the first docu¬ 
ment. When the office for which the candidate is 
proposed is a judicial office, school office, county 
office, or township office, the words 11 .... party”, 
and the words 11 of said .... party, ’ ’ shall be 
omitted from said document. Or, as an alternative 
to the foregoing portion of this section and subdi¬ 
vision, verification deputies may be appointed in be¬ 
half of a candidate as follows: 

b. Any five qualified electors of any county or 
city and county who are registered as intending to 
affiliate with the same political party may join in 
proposing a candidate of such party for nomination 
to any office to be voted on in such county or city 





















ELECTION LAWS. 


231 


and county at the next ensuing primary election, and 
in appointing verification deputies to serve within 
such county or city and county in securing signa¬ 
tures to the nomination paper of such candidate for 
such office. If the office is an office the candi¬ 
date for which is to be voted on in more than one 
county, he may be proposed for nomination as 
herein provided by five of the registered qualified 
electors in each of the counties in which such elec¬ 
tors may desire to circulate a nomination paper in 
his behalf. The signatures of the said five qualified 
electors shall be verified free of charge before any 
officer authorized to administer an oath, and the 
document containing such signatures shall be filed 
with the county clerk of the county or city and 
county in which said five qualified electors reside, 
at or before the time the nomination paper of the 
candidate is left with the county clerk or registrar 
of voters for filing or for examination as provided 
in subdivision 4 of this section. In said document 
the five signers shall make affidavit that the candi¬ 
date therein named for the office therein specified 
has given his consent to be thus proposed for nomi¬ 
nation to such office, and shall also state that the 
verification deputies therein appointed are duly 
registered qualified electors of said county or city 
and county; and the verification deputies therein 
appointed shall be recognized as the duly author¬ 
ized verification deputies to secure signatures to the 
nomination paper of such candidate in such county 
or city and county. Said document shall be sub¬ 
stantially in the following form: 

State of California, 

County of .... 

We, the undersigned, do solemnly swear (or af¬ 
firm) that we are each qualified electors of the 


county of .. State of California, and 

that we are each registered as intending to affiliate 
with the.party; and we do hereby pro¬ 
pose ., who resides (at 

No.street in the city 








232 


ELECTION LAWS. 


of) or (in tlie town of ., county 

of., as a candidate for the nomi¬ 
nation of such party for the office of., 

to be voted for at the primary election to be held 

on the . day of August, 19....; 

and we do solemnly swear (or affirm) that said 

. has consented to this 

proposal of his name as candidate for the nomina¬ 
tion for said office. We hereby appoint the follow¬ 
ing registered qualified electors of this county as 
verification deputies to obtain signatures in this 

county to the nomination paper of said. 

to said office of . 

Verification Deputies. 

Names. Residence. 


etc. etc. 

(Signed) 

Names. Residence. 


Subscribed and sworn to before me this. 

day of.,19. 

(Seal) 

Notary public (or other official). 

In case it is desired to appoint additional verifi¬ 
cation deputies to secure signatures to the nomina¬ 
tion paper of said candidate, one or more similar 
documents may be filed, to supplement the first 
document. When the office for which the candidate 
is proposed is a judicial office, school office, county 
office, or township office, the provisions of this sub- 



































ELECTION LAWS. 


233 


division shall apply, except that the five qualified 
electors shall make no statement of their party af¬ 
filiation and may be affiliated with different parties 
or with no party; and the candidate proposed for 
nomination shall not be so proposed as the candi¬ 
date of any party. 

3. Verification deputies appointed as provided in 
subdivision 2 of this section to obtain signatures 
to the nomination paper of any candidate for any 
office to be voted for at any primary election, may, 
at any time not more than seventy days nor less 
than forty days prior to such election, obtain signa¬ 
tures to such nomination paper of such candidate 
for such office. Each signer of a nomination paper 
shall sign but one such paper for the same office; 
provided, that prior to primary elections other than 
August primary elections or May presidential pri¬ 
mary elections, signatures may be obtained not 
more than forty nor less than twenty days prior to 
such election. He shall also declare his intention to 
support such candidate for nomination, and shall 
add his place of residence, giving his street and 
number if any. His election precinct shall also ap¬ 
pear on the paper just preceding his name, and the 
date of his signature shall appear at the end of the 
line just after his residence. Any nomination paper 
may be presented in sections, but each section shall 
contain the name of the candidate and the name of 
the office for which he is proposed for nomination. 
Each section shall bear the name of the city or 
town, if any, and also the name of the county or 
city and eounty, in which it is circulated, and only 
qualified electors of such county or city and county, 
registered as intending to affiliate with the political 
party in which the nomination is being made, shall 
be competent to sign such section. Any section 
circulated within any incorporated city or town 
shall be signed only by registered qualified electors 
of such city or town. Each section shall be pre¬ 
pared with the lines for signatures numbered, and 
shall have attached thereto the affidavit of the veri¬ 
fication deputy who has obtained signatures to the 


234 


ELECTION LAWS. 


same, stating that all the signatures to the attached 
section were made in his presence, and that to the 
best of his knowledge and belief, each signature 
to the section is the genuine signature of the per¬ 
son whose name it purports to be; and no other 
affidavit thereto shall be required. The affidavit of 
any verification deputy obtaining signatures here¬ 
under shall be verified free of charge by any officer 
authorized to administer an oath. Such nomination 
paper so verified shall be prima facie evidence that 
the signatures thereto appended are genuine and 
that the persons signing the same are registered 
qualified electors, unless and until it is otherwise 
proven by comparison of such signatures with the 
affidavits of registration in the office of the county 
clerk or registrar of voters. Each section of the 
nomination paper, after being verified, shall be re¬ 
turned by the verification deputy who circulated it 
to one of the five electors by whom the said verifica¬ 
tion deputy was appointed; and in this manner all 
the sections circulated in any county shall be col¬ 
lected by said five electors of that county and shall 
be by them arranged for filing or for examination, 
as provided in subdivision 4 of this section. In case 
said verification deputy was appointed directly by 
the candidate according to the provisions of subdi¬ 
vision 2 (a) of this section, the collecting and ar¬ 
ranging of the sections of the nomination paper shall 
be done by the candidate instead of by the 11 five 
electors” as hereinbefore provided. Each section 
of the nomination paper shall be in substance as 
follows: 

County of .... city (or town) of .... (if any). 

Nomination paper of ...., candidate for .... 
party nomination for the office of . . 

State of California, 

County of. 

Signer’s Statement. 

I, undersigned, am a qualified elector of the city 
(or town) of . .. ., county of ...., State of Cali- 





ELECTION LAWS. 


235 


fornia; and am registered as intending to affiliate 
with the .... party; and I hereby nominate .... 

who resides at No.street, city of . . . ., county 

of . . . ., State of California, as a candidate for the 
nomination of such party for the office of .... to be 
voted for at the primary election to be held on the 
.... day of August, 19... I have not signed the 
nomination paper of any other candidate for the 
same office, and I further declare that I intend to 
support for such nomination the candidate named 
herein. 


No. 

Precinct 

Signature 

Residence 

Date 

1 _ 





2_ 





3. 





4_ 





5. 





Etc._ 











Verification Deputy’s Affidavit. 

I, ...., solemnly swear (or affirm) that I have 
been appointed according to the provisions of sub¬ 
division 2, section 5, of the direct primary law, as 
a verification deputy to secure signatures in the 
county of .... to the nomination paper of .... as 
candidate for the nomination of the .... party for 
the office of . . . .; that all the signatures on this 
section of said nomination paper, numbered from 1 
to .... inclusive, were made in my presence, and 
that, to the best of my knowledge and belief, each 
of said signatures is the genuine signature of the 
person whose name it purports to be. 

(Signed) . 

Verification Deputy. 

Subscribed and sworn to before me this .... day 
of »..., 19... 

(Seal) 


Notary Public (or other official). 


















236 


ELECTION LAWS. 


In the case of a nomination paper for any candi¬ 
date for a judicial office, school office, county office,, 
or township office, the provisions of this subdivi¬ 
sion shall apply, except that no such nomination 
paper nor any section thereof shall contain the 
name of any political party, of any signer thereto,, 
nor shall the candidate be referred to as a candi¬ 
date for the nomination of any party; and any 
nomination paper for any candidate for a judicial 
office, school office, county office, or township office 
may be signed by any registered qualified elector of 
the county or city and county, whether registered 
as being affiliated with any, or with no, political 
party. 

4. Prior to the filing of a nomination paper for 
any candidate, the sections thereof must be num¬ 
bered in order and fastened together by cities or 
towns or portions of the county not included in 
such cities or towns, substantially in the manner re¬ 
quired for the binding of affidavits of registration 
by the provisions of section 1113 of the Political 
Code; provided, that the sections of the nomination 
paper shall be preceded by an index of precincts, ar¬ 
ranged by cities, towns or outside territory in the 
numerical -or alphabetical order of such precincts 
for each such city, town or outside territory and 
showing after the name or number of such precinct 
the numbers of the section pages on which the 
names of the electors registered in such precinct 
are to be found, and after the number of each 
page, the number (in parenthesis) of times such 
names are to be so found on such section page. 
Such index shall be substantially the following 
form: 


CITY OF 


No of Precinct Numbers of Section Pages Containing Voters 

of Precinct 



1 (3 times) 2 (5 times) 3 (7 times) etc. 
1 (4 times) 2 (0 times) 3 (6 times) etc. 

etc. 









ELECTION LAWS. 


237 


TOWN OF 


etc. 

etc. 

And provided, further, that for all nominations of 
candidates to be voted for in more than one county, 
or throughout the entire state, the nomination 
papers, properly assembled, may be consolidated 
and fastened or bound together by counties; but in 
no case shall nomination papers signed by electors 
of different counties be fastened or bound up to¬ 
gether. The county clerk of any county or registrar 
of voters of any city and county shall examine all 
nomination papers herein provided for which pur¬ 
port to have been signed by electors of his county 
or city and county, and shall disregard and mark 
“not sufficient” any name appearing on such paper 
or papers which does not appear in the same hand¬ 
writing on an affidavit of registration in his office, 
or which (except in the case of nomination papers 
of candidates, for judicial, school, county, or town¬ 
ship offices the signers of which may be registered 
as of any or no party) does not appear on said 
affidavit as intending to affiliate with the party 
named in such nomination papers. Such officer shall 
affix to all nomination papers a certificate reciting 
that he has examined the same and stating the num¬ 
ber of names signed thereto which have not been 
marked “not sufficient” as hereinabove provided. 
All nomination papers which by this act are re¬ 
quired to be filed in the office of the secretary of 
state, shall be left with the county clerk or reg¬ 
istrar of voters for examination, as above provided, 
at least forty days prior to the August primary 
election or the May presidential primary election, 
and shall, with such certificate of examination at¬ 
tached, within five days after being so left, be for¬ 
warded by such county clerk or registrar of voters 
to the secretary of state, who shall receive and file 
the same. The verification of signatures to nomina¬ 
tion papers shall not be made by the candidate, nor 
by any county clerk, or registrar of voters, nor by 



238 


ELECTION LAWS. 


any of the deputies in the office of such county 
clerk or registrar of voters, nor within one hundred 
feet of any election booth, polling place, or any 
place where registration of electors is being con¬ 
ducted. Each candidate on or before the thirty- 
fifth day prior to the August primary election or the 
May presidential primary election, shall file in the 
place where his nomination paper is required to be 
filed, as provided in section 6 of this act, his affi¬ 
davit, stating his residence, with street and num¬ 
ber, if any; his election precinct; that he is a quali¬ 
fied elector in the election precinct in which he 
resides; the name of the office for which he desires 
to be a candidate; and that if nominated he will 
accept such nomination and not withdraw, and that 
he will qualify as such officer if nominated and 
elected; and he shall also make the statement re¬ 
quired in subdivision 5 of section 6 of this act. 
Nothing in this act contained shall be construed 
to limit the rights of any person to become the 
candidate of more than one political party for the 
same office upon complying with the requirements 
of this act, but no person shall be entitled to be¬ 
come a candidate for more than one office at the 
same election. 

5. Except in the case of a candidate for nomina¬ 
tion to a judicial office, school office, county office, 
or township office, nomination papers shall be signed 
as follows: If the candidate is the candidate for an 
office to be voted on throughout the state, by not 
less than one half of one per centum and not more 
than two per centum of the vote or registration 
constituting the basis of percentage as defined in 
subdivision 6 of this section of the party of the 
candidate seeking nomination, within the state; if 
the candidate is the candidate for an office to be 
voted on in some political subdivision of the state, 
but not throughout the state, by not less than one 
per centum nor more than two per centum of the 
vote or registration constituting the basis of per¬ 
centage, as defined in subdivision 6 of this section, 
of the party of the candidate seeking nomination 


ELECTION LAWS. 239 

within said political subdivision in which such can¬ 
didate seeks nomination. 

6. Except in case of a candidate for nomination 
to a judicial office, school office, county office, or 
township office, the basis of percentage in each case 
shall be the highest vote polled by the party for 
any such candidate as may have been the candidate 
of such party only, at the preceding general election, 
or, if there was no candidate who was the candi¬ 
date of such party only, the basis of percentage shall 
be the lowest vote received by any candidate who 
was the joint candidate of such party and of one or 
more other parties; and if the candidate is the can¬ 
didate of a party which had no candidate at the 
preceding general election, then the basis of per¬ 
centage shall be upon the number of qualified elec¬ 
tors who, on or before the fiftieth day prior to the 
primary election, shall in registering have declared 
their intention to affiliate with such party. Every 
political party qualified to participate in the pri¬ 
mary election by the provisions of subdivision 8 of 
section 1 of this act, whose membership or members 
shall comply with the provisions of this act by 
filing nomination papers for one or more candidates, 
shall be entitled to a separate party ticket at the 
primary election; but all such party tickets must be 
alike in the designation of candidates for judicial, 
school, county, and township offices. 

7. Whenever by rearrangement of political subdi¬ 
visions of the state by any legislature, board of 
supervisors or other legislative body, the boundaries 
of such political subdivisions are changed, the high¬ 
est vote polled by each party in each of the new 
political subdivisions shall be determined as follows: 
If the change occurs M’holly within any county or 
city and county, the county clerk or registrar of 
voters of such county or city and county shall de¬ 
termine as nearly as possible the highest vote of 
each party in the new political subdivision by add¬ 
ing together for each party the highest vote in 
each of the former precincts which now are com¬ 
bined to make up such new political subdivision. 


240 


ELECTION LAWS. 


If the change occurs outside the limits of any 
county or city and county, the secretary of state 
shall determine the highest vote of each party in 
such new political subdivision by adding together 
for each party the highest vote in the counties 
which now are combined to make up such new po¬ 
litical subdivision. In the same way that the high¬ 
est vote for each party in each new political sub¬ 
division is ascertained, shall also be ascertained the 
total vote of all parties, as is required to be known 
by the provisions of subdivision 9 of this section. 

8. Nothing herein shall be construed as prohibit¬ 
ing the independent nomination of candidates as 
provided by section 1188 of the Political Code, as 
said section was enacted at the fortieth session of 
the legislature of the State of California; except 
that a candidate who has filed nomination papers 
as one of the candidates for nomination to any of¬ 
fice on the ballots of any political party at a pri¬ 
mary election held under the provisions of this act, 
and who is defeated for such party nomination at 
such primary election, shall be ineligible for nomi¬ 
nation to the same office at the ensuing general 
election, either as an independent candidate or as 
the candidate of any other party, and no person 
shall be permitted to file nomination papers for a 
party nomination and an independent nomination 
for the same office, or for more than one office at 
the same election. Nor shall any person whose 
name has been written in upon any ballot or bal¬ 
lots for any office at any primary election, have his 
name placed upon the ballot as a candidate for such 
office at the ensuing general election, except under 
the provisions of section 1188 of the Political Code, 
unless at such primary election he shall have re¬ 
ceived for such office votes equal in number to the 
minimum number of nomination papers which would 
have been required to be filed to have placed his 
name on the primary ballot as a candidate for nomi¬ 
nation to such office. 

9. In the case of a candidate for nomination to a 
judicial office, school office, county office, or town- 


ELECTION LAWS. 


241 


ship office, nomination papers shall be signed by not 
less than one-half of one per centum, nor more than 
two per centum of the total vote cast by all politi¬ 
cal parties at the last election in the state or po¬ 
litical subdivision thereof in which such candidate 
for judicial or school, county, or township office 
seeks nomination. 

10. The officer with whom nomination papers are 
filed shall keep a record in which he shall enter the 
names of all persons filing the same, the name of 
the office, the party, if any, and the time of filing. 

Nomination Papers—Filing Of. 

Sec. 6. All nomination papers provided for by 
this act shall be filed as follows: 

1. For state officers, United States senators, rep¬ 
resentatives in congress, members of the state senate 
and assembly, delegates to state conventions from 
“hold-over senatorial districts ’’ and all officers 
voted for in districts comprising more than one 
county, in the office of the secretary of state. 

2. For officers to be voted for wholly within one 
county or city and county, except representatives 
in congress, delegates to state conventions from 
“hold-over senatorial districts” and members of 
the state senate and assembly, in the office of the 
county clerk of such county or in the office of the 
registrar of voters in such city and county. 

3. For city officers, in the office of the city clerk 
or secretary of the legislative body of such city or 
municipality. 

4. When a nomination paper or sections thereof 
shall have been received which contain a number 
of signatures equal to two per centum of the vote 
constituting the basis of percentage as provided in 
subdivisions 5, 6 and 9 of section 5 of this act, the 
officer with whom such papers are required to be 
filed shall not receive or file further sections of the 
nomination paper for the candidate named therein. 

5. No more signatures shall be secured for any 
candidate than a number equal to three per centum 
of the vote constituting the basis of percentage as 


242 


ELECTION LAWS. 


provided in subdivisions 5, 6, and 9 of section 5 of 
this act; provided, that if, through miscalculation or 
otherwise, more signatures are secured than the 
said three per eentum, all sections of the nomina¬ 
tion paper containing signatures in excess of said 
three per eentum must be sent to the candidate; 
and before any nomination paper is filed as pro¬ 
vided in this section, the candidate must notify 
each signer of such excess sections that his name 
has not been used; and in the affidavit required to 
be filed in subdivision 4 of section 5 of this act, 
affiant must state whether he has complied with the 
provisions contained in subdivision 5 of section 6 of 
this act. 

Fees for Filing. 

Sec. 7. 1. A filing fee of fifty dollars shall be 

paid to the secretary of state by each candidate for 
state office or for the United States senate. 

2. A filing fee of twenty-five dollars shall be 
paid to the secretary of state by each candidate 
for representative in congress or for any office, ex¬ 
cept member of senate and assembly, to be voted for 
in any district comprising more than one county. 

3. A filing fee of ten dollars shall be paid to the 
secretary of state by each candidate for the state 
senate or assembly. 

4. A filing fee of ten dollars shall be paid to the 
county clerk or registrar of voters in any city and 
county when the nomination paper or papers and 
affidavit of any candidate to be voted for wholly 
within one county or city and county are filed with 
such county clerk or registrar of voters. 

5. A filing fee of ten dollars shall be paid to the 

city clerk or secretary of the legislative body of 
any municipality when the nomination paper or 
papers and affidavit of any candidate for a 'Hy of¬ 
fice are filed with such clerk or secretar T 'ch 

legislative body. 

6. No filing fee shall be required from 
to be voted for at the May presider 
election, or from anv candidate for au 


ELECTION LAWS. 


243 


holder of which no compensation is required to be 
paid, or for township offices the compensation to the 
holder of which does not exceed the sum of nine 
hundred dollars per annum. 

7. In no case shall the secretary of state, concty 
clerk, registrar of voters, or city "clerk, receive any 
nomination papers for filing until the requisite fee 
for such filing, as prescribed in this section, has 
first been paid to him. 

8. When a person is nominated for an office by- 
reason of his name having been written on a ballot 
that has been voted at any primary election pro¬ 
vided for by this act, he must pay the same filing 
fee provided for the same office to the same officer 
as would have been required if nomination papers 
had been filed to place his name on the primary bal¬ 
lot; otherwise his name must not be printed on the 
ballot at the ensuing general election; provided, he 
is not the nominee of another party for the same 
office. 

Fees—Disposal Of. 

Sec. 8. The county clerk shall immediately pay 
to the county treasurer and the registrar of voters 
in any city and county shall immediately pay to 
the city and county treasurer all fees received from 
candidates. The city clerk or secretary of the legis¬ 
lative body of any municipality shall immediately 
pay to the city treasurer all fees received from 
candidates. Within ten days after the primary elec¬ 
tion the secretary of state shall pay to the state 
treasurer all fees received from candidates and 
shall apportion the fees paid to him by each candi¬ 
date equally among the counties within which such 
candidate is to be voted for, and certify such ap¬ 
portionment to the state controller, who shall issue 
warrants on the state treasurer for the amount due 
each county and the state treasurer shall pay the 
same. 

Expenses—How Paid. 

Sec. 9. The expense of providing all ballots, 
blanks and other supplies to be used at any pri- 


244 


ELECTION LAWS. 


mary election provided for by this act and all ex¬ 
penses necessarily incurred in the preparation for 
or the conduct of such primary election shall be 
paid out of the treasury of the city, city and county, 
county or state, as the case may be, in the same 
manner, with like effect and by the same officers as 
in the case of general elections. 

Certified List of Candidates—Publication Of. 

Sec. 10. At least thirty days before any August 
primary election preceding a November election or 
before any May presidential primary election the 
secretary of state shall transmit to each county 
clerk or registrar of voters in any city and county a 
certified list containing the name and postoffice ad¬ 
dress of each person for whom nomination papers 
have been filed in the office of such secretary of 
state, including the candidate for delegate to a 
state convention, if any, from a 11 hold-over sena¬ 
torial district” and who is entitled to be voted for 
in such county at such primary election, together 
with a designation of the office for which such per¬ 
son is a candidate and except in the case of a judi¬ 
cial office, or a school office of the party or principle 
he represents. Such county clerk or registrar of 
voters shall forthwith, upon receipt thereof, publish 
under the proper party designation the title of each 
office (except a judicial office or a school office) 
which appears upon the certified list transmitted by 
the secretary of state as hereinbefore provided, to¬ 
gether with the names and addresses of all persons 
for whom nomination papers have been filed for 
each of said offices in the office of the secretary of 
state, and also the names of all candidates for the 
county central committee, filed in the office of the 
county clerk or registrar of voters. He shall also 
publish the title of each judicial office, school office, 
county office, and township office, together with the 
names and addresses of all persons for whom nomi¬ 
nation papers have been filed for each of said of¬ 
fices, either in the office of the secretary of state or 
in the office of the county clerk or registrar of 


ELECTION LAWS. 


245 


voters, and shall state that candidates for said judi¬ 
cial, school, county, and township offices may be 
voted for at the primary election, by any regis¬ 
tered, qualified elector of the county, whether regis¬ 
tered as intending to affiliate with any political 
party or not. He shall also publish the date of the 
primary election, the hours during which the polls 
will be open, and that the primary election will be 
held at the legally designated polling places in each 
precinct, which shall be particularly designated. It 
shall be the duty of the county clerk or registrar 
of voters in any city and county to cause such 
publication to be made once each week for two 
successive weeks prior to said primary election. 

Publications—Where Made. 

Sec. 11. Every publication required by this act 
shall be made in not more than two newspapers of 
general circulation published in such county or city 
and county, and one of such newspapers shall repre¬ 
sent the political party that cast at the last pre¬ 
ceding general election the highest number of votes 
in such county or city and county, and one of such 
newspapers, if any, shall represent the party which 
cast the next highest number of votes at such elec¬ 
tion. In any case where the publication of the 
notices provided for by this act cannot be made as 
hereinbefore provided it shall be made in any news¬ 
paper having a general circulation in the city or 
county in which the notice is required to be pub¬ 
lished. 

Ballots—Form of—Instructions to Voters. 

Sec. 12. 1. All voting at primary elections within 

the meaning of this act shall be by ballot. A sepa¬ 
rate official ballot for each political party shall be 
printed and provided for use at each voting pre¬ 
cinct; but all such party ballots must be alike in 
the designation of candidates for judicial, school, 
county, and township offices. The ballots must have 
a different tint or color for each of the political 
parties participating in the primary election. There 





246 


ELECTION LAWS. 


shall also be printed and provided a non-partisan 
ballot of a different tint and color from all the 
others (or white, if all the others are colored), 
which shall contain only, but in like manner, all 
the candidates for judicial, school, county, and town¬ 
ship offices to be voted for at the primary election; 
and one of the non-partisan ballots shall, at the 
primary election, be furnished to each registered 
qualified elector who is not registered as intending 
to affiliate with any one of the political parties par¬ 
ticipating in said primary election; but to any 
elector registered as intending to affiliate with any 
political party participating in the primary there 
shall be furnished, not a non-partisan ballot, but a 
ballot of the political party with which said elector 
is registered as intending to affiliate. 

It shall be the duty of the county clerk of each 
county or of the registrar of voters in any city and 
county to provide such printed official ballots to be 
used at any August primary election for the nomi¬ 
nation of candidates to be voted for in such county 
or city and county at the ensuing November elec¬ 
tion and at any May presidential primary election. 
It shall be the duty of the city clerk or secretary 
of the legislative body of any municipality to pro¬ 
vide such printed official ballots for any primary 
election other than the August primary election or 
the May presidential primary election. Such official 
ballots to be used at any primary election shall be 
printed on official paper, furnished by the secretary 
of state, in the manner provided by section 1196 of 
the Political Code, and in the form hereinafter 
provided. The names of all candidates for the re¬ 
spective offices for whom the prescribed nomination 
papers have been duly filed shall be printed thereon. 

2. Official primary election ballots used at any 
primary election for the nomination of candidates 
to be voted for at any presidential or general state 
election, except as provided in subdivision 5 of this 
section, shall be as long as the herein prescribed 
captions, headings, party designations, directions 
to voters and lists of names of candidates, properly 


ELECTION LAWS. 


247 


subdivided according to the several offices to be 
nominated for, may require; and no official primary 
election ballot shall be less than six and one-half 
inches wide. 

3. Across the top of the ballot shall be printed 
in heavy faced gothic capital type, not smaller than 
forty-eight point, the words: “ Official primary elec¬ 
tion ballot; ” providing, that on a non-partisan bal¬ 
lot said words may be printed in gothic capital type ' 
not smaller than twenty-four point. Beneath this 
heading shall be printed in heavy faced gothic cap¬ 
ital type, not smaller than twenty-four point, the 
party designation if it be a party ballot; or, in the 
case of a ballot containing the names of no candi¬ 
dates except candidates for a judicial, school, coun¬ 
ty, or township office, the words ‘‘Non-partisan 
ballot. * ’ The instructions to voters shall be printed 
in ten point gothic type. In the case of official pri¬ 
mary election ballots to be used at any primary 
election held for the nomination of candidates other 
than those to be voted for at a presidential or a 
general state election, and on which, in accordance 
w r ith the provisions of this act, the names of can¬ 
didates may be printed in a single column or in two 
parallel columns, as the case may be, the words 
“Official primary election ballot’’ shall be printed 
thereon in heavy faced gothic capital type, not 
smaller than twenty-four point. The party or non¬ 
partisan designation shall be printed in heavy faeed 
gothic capital type, not smaller than eighteen point. 
The instructions to voters shall be printed in ten 
point gothic type. 

4. At least three-eighths of an inch below the 
assembly district designation and the date of the 
primary election shall be printed in ten point gothic 
type, double leaded, the following instructions to 
voters: “To vote for a person whose name occurs 
on the ballot, stamp a cross (X) in the square at the 
right of the name of the person for whom you 
desire to vote. To vote for a person whose name 
is not printed on the ballot, write his name in the 
blank space provided for that purpose.” 


248 


ELECTION LAWS. 


5. The instructions to voters shall be separated 
from the lists of candidates and the designations 
of the several offices to be nominated for by one 
light and one heavy line or rule. The names of the 
candidates and the respective offices shall, except 
as may be hereinafter otherwise provided, be 
printed on the ballot in four or more parallel col¬ 
umns, each two and one-half inches wide. The num- 
. ber of such parallel columns shall be exactly divis¬ 
ible by two, and such parallel columns shall be 
equally divided on the ballot for party and non¬ 
partisan tickets by a solid black line, extending 
down from the printed lines separating the in¬ 
structions to voters from the lists of names of can¬ 
didates to the bottom margin of the ballot. In the 
case of a primary election for the nomination of 
candidates to be voted for at a presidential or gen¬ 
eral state election, the order of precedence shall be 
as follows, that is to say: In the column to the 
left, under the heading State shall be printed the 
groups of names of candidates for state offices, ex¬ 
cept judicial and school offices, and for members of 
the state board of equalization. In the second.col¬ 
umn, under the heading congressional shall be 
printed the groups of names for United States sen¬ 
ator in congress, if any, and for represei>tative in 
congress. Next, under the heading Legislative 
shall be printed the groups of names for state sen¬ 
ator, if any, for member of assembly, and for elec¬ 
tion as delegate to the state convention from a 
“hold-over senatorial district,’’ if any. Finally 
under the heading County Committee, shall be 
printed the names of the candidates for election 
to membership in the county central committee of 
the party. In the case of primary elections where 
state officers are not to be nominated, at the left 
of the solid black dividing line there may be only 
one column. In the parallel columns to the right of 
the solid black dividing line shall be printed the 
groups of names of candidates for nomination to 
judicial, school, county, and township offices in the 
following order: Under the heading Judicial shall 


ELECTION LAWS. 


249 


be printed all the names of candidates for judicial 
offices, in the order of chief justice supreme court, 
associate justices supreme court, judge of district 
court of appeals, judge of superior court and 
justice of the peace. Next, under the heading 
School shall be printed all the names of candidates 
for school offices in the order of state superinten¬ 
dent of instruction, superintendent of schools, and 
school district officers, if any. Next, under the 
heading County and Township shall be printed 
the groups of candidates for all county and town¬ 
ship offices except judicial or school offices. In the 
case of primary elections where county officers are 
not to be nominated, at the right of the solid black 
dividing line there may be only one column. The 
non-partisan ballot provided for in subdivision one 
of this section shall be identical as to offices and 
names of candidates with that portion of the party 
ballot which is printed to the right of the solid 
black dividing line hereinabove described. The 
tally sheets furnished to election officers shall have 
the names of offices and candidates arranged in the 
order in which said names of offices and candidates 
are printed on the ballots according to the pro¬ 
visions of this section and subdivision. In the case 
of primary elections for the nomination of candi¬ 
dates for city, city and county or municipal offices 
only, the groups of names of candidates may be 
printed in two parallel columns and the order of 
precedence shall be determined by the legislative 
body of such city or municipality or by the board 
of election commissioners of any such city and 
county. 

6. The group of names of candidates for nomi¬ 
nation to any judicial office, school office, county 
office, or township office shall include all the names 
receiving the requisite number of signatures on a 
nomination paper for such office, and shall be iden¬ 
tical for each such office on the primary election 
ballots of each political party participating at the 
primary election; but the groups of names of candi¬ 
dates for all other offices on the ballots of each 




250 


ELECTION LAWS. 


political party shall comprise only the names of the 
candidates for nomination by such party. 

7. The order in which the list of candidates for 
any office shall appear upon the primary election 
ballot shall be determined as follows: 

(a) If the office is an office the candidates for 
which are to be voted on throughout the entire 
state, including United States senator in congress, 
the secretary of state shall arrange the names of 
all candidates for such office in alphabetical order 
for the first assembly district; and thereafter for 
each succeeding assembly district, the name ap¬ 
pearing first for each office in the last preceding 
district shall be placed last, the order of the other 
names remaining unchanged. If the office is that of 
representative in congress, or is an office the can¬ 
didates for nomination to which are to be voted on 
in more than one county or city and county, but 
not throughout the entire state, except the office of 
state senator or assemblyman, the secretary of state 
shall arrange the names of all candidates for such 
office in alphabetical order. for that assembly dis¬ 
trict which is lowest in numerical order of any as- 
sembly district in which such candidates are to 
be voted on; and thereafter for such succeeding 
assembly district in which such candidates are to 
be voted on, the name appearing first for such office 
in the last preceding district shall be placed last, 
the order of the other names remaining unchanged. 
In transmitting to each county clerk or registrar of 
voters the certified list of names as required in 
section 10 of this act, the secretary of state shall 
certify and transmit the list of candidates for nomi¬ 
nation to each office according to assembly districts, 
in the order of arrangement as determined by the 
above provisions; and in the case of each county or 
city and county containing more than one assembly 
district, he shall transmit separate lists for each 
assembly district. Except for the office of state 
senator or assemblyman, the order in which the 
names filed with the secretary of state shall appear 
upon the ballot, shall be for each assembly district 


ELECTION LAWS. 


251 


the order as determined by the secretary of state in 
accordance with the above provisions, and as certi¬ 
fied and transmitted by him to each county clerk 
or registrar of voters. 

(b) If the oifice is an office to be voted on 
throughout, but wholly within, one county or city 
and county, except the office of representative in 
congress or state senator or assemblyman, the 
county clerk of such county or the registrar of 
voters of such city and county, shall arrange the 
names of all candidates for such office in alphabet¬ 
ical order for the first supervisorial district; and 
thereafter for each supervisorial district, the name 
appearing first for each such office in the last pre¬ 
ceding supervisorial district shall be placed last, 
the order of the other names remaining unchanged; 
provided, there are no more than five assembly dis¬ 
tricts in such county, or city and county. If there 
are more than five assembly districts in such county, 
or city and county, the county clerk or registrar of 
voters shall so arrange on the ballot the order of 
names of all candidates for such office that they 
shall appear in alphabetical order for that assem¬ 
bly district in such county, or city and county, 
which is lowest in numerical order, and thereafter 
for each succeeding assembly district in such 
county, or city and county, the name appearing first 
for each office in the last preceding assembly dis¬ 
trict shall be placed last, the order of the other 
names remaining unchanged. 

(c) If the office is that of state senator or as¬ 
semblyman, or delegate to the state convention 
from a “ hold-over senatorial district, ” or member 
of a county central committee, or any office except 
the office of representative in congress to be voted 
on wholly within any county or city and county but 
not throughout such county or city and county, the 
names of all candidates for such office shall be 
placed upon the ballot in alphabetical order. 

(d) If the office is a municipal office in any city 
or town whose charter does not provide for the 
order in which names shall appear on the ballot, 


252 


ELECTION LAWS. 


the names of candidates for such office shall be 
placed upon the ballot in alphabetical order. 

8. In publishing the names and addresses of all 
candidates for whom nomination papers have been 
filed, as required in section 10 of this act, the 
county clerk or registrar of voters shall publish the 
names in the order in which they will appear upon 
the ballot; provided, that in counties or cities and 
counties containing more than one assembly district 
the order of names of candidates shall be that of the 
assembly district in such county or city and county 
which is lowest in numerical order. 

9. Each group of candidates to be voted on shall 
be preceded by the designation of the office for 
which the candidates seek nomination, and the 
words “Vote for one” or “Vote for two” or more 
according to the number to be elected to such office 
at the ensuing election. Such designation of the 
office to be nominated for and of the number of 
candidates to be nominated shall be printed in 
heavy faced gothic type, not smaller than ten point. 
The word or words designating the office shall be 
printed flush with the left-hand margin and the 
words “Vote for one” or “Vote for two” or more, 
as the case may be, shall extend to the extreme 
right of the column and over the voting square. 
The designation of the office and the direction for 
voting shall be separated from the names of the 
candidates by a light line. 

10. The names of the candidates shall be printed 
on the ballot without indentation, in Roman capital 
type not smaller than eight point, between light 
lines or rules three-eighths of an inch apart. Under 
each group of names of candidates shall be printed 
as many blank spaces, defined by light lines or 
rules, three-eighths of an inch apart, as there are to 
be candidates nominated for such office. To the 
right of the names of the candidates shall be 
printed a light line or rule so as to form a voting 
square three-eighths of an inch square. Each group 
of names of candidates shall be separated from the 
succeeding group by one light and one heavy line or 


ELECTION LAWS. 


253 


rule. Each series of groups shall be headed by the 
word “State, ” “ Congressional, ’ ’ “ Legislative, ’ ’ 
“County and Township ” or “Municipal” or other 
proper general classification, as the case may be, 
printed in heavy faced gothic capital type, not smaller 
than twelve point. All official primary election 
ballots shall have printed on the back and imme¬ 
diately below the center thereof, in eighteen point 
gothic capital type, the words “Official Primary 
Election Ballot, ” and underneath these words the 
respective numbers of the congressional, senatorial 
and assembly districts in which each ballot is to be 
voted. In the case of a primary election for the 
nomination of candidates for city or city and county 
offices only, the designations on the back of the bal¬ 
lot, in addition to the words “Official primary elec¬ 
tion ballot, ’ ’ shall be the official designation of the 
respective ward and voting precinct in any such 
city or municipality, or the number of the assembly 
district and of the voting precinct in any such city 
and county in which each ballot is to be voted. 
The ballot shall be printed on the same leaf with a 
stub and separated therefrom by a perforated line 
across the top of the ballot. On each ballot a per¬ 
forated line shall extend from top to bottom one- 
half inch from the right hand side of such ballot, 
and upon the half-inch strip thus formed there shall 
be no printing except the number of the ballot 
which shall be on the back of each strip, in such 
position that it shall appear on the outside when the 
ballot is folded. The number on each ballot shall 
be the same as that on the corresponding stub, and 
the ballots and stubs shall be numbered consecu¬ 
tively in each county; provided, that the sequence 
of numbers on such official ballots and stubs for 
each party shall begin with the number one. The 
official ballots of each political party shall be made 
up in stub books, each book to contain ten, or 
some multiple of ten, ballots, in the manner pro¬ 
vided by law for official election ballots, and ex¬ 
cept as to the order of the names of candidates 


254 ELECTION LAWS. 

shall be printed in substantially the following 
form: 

Sample Ballots—Distribution Of, Official. 

Sec. 13. At least twenty days before the August 
primary election or before the May presidential pri¬ 
mary election each county clerk or registrar of 
voters in any city and county shall prepare separate 
sample ballots for each political party, and a sep¬ 
arate sample non-partisan ballot, placing thereon in 
each case in the order provided in subdivision 7 of 
section 12 of this act, and under the appropriate 
title of each office, the names of all candidates for 
whom nomination papers have been duly filed with 
him, or have been certified to him by the secretary 
of state, to be voted for at the primary election 
in his county or city and county. Such sample 
ballots shall be printed on paper of a different tex¬ 
ture from the paper to be used on the official bal¬ 
lot, and one sample ballot of the party to which the 
voter belongs as evidenced by his registration shall 
be mailed to each such voter entitled to vote at 
such August primary election or May presidential 
primary election, as the case may be, not more 
than ten nor less than five days before the election. 
Not more than ten nor less than five days before 
the August primary election a non-partisan sample 
ballot printed on paper of a different texture from 
the paper to be used on the official ballot shall be 
mailed to each registered qualified elector who is 
not registered as intending to affiliate with any of 
the parties participating in said primary election. 
Such clerk or registrar of voters shall forthwith 
submit the ticket of each political party to the 
chairman of the county committee of such party 
and shall mail a copy to each candidate for whom 
nomination papers have been filed wfith him or 
whose name has been certified to him by the secre¬ 
tary of state, to the postoffice address as given in 
such nomination paper or certification, and he shall 
post a copy of each sample ballot in a conspicuous 
place in his office. Before such primary election the 


OFFICIAL PRIMARY ELECTION BALLOT 

NON-PARTISAN BALLOT 

Forty-Eighth Assembly District, August 25, 15114 


To vote for a person whose name appears on the ballot, stamp a cross I <) in 
the square at the RIGHT of the name of the person for whom you desire to 
vote. To vote for a person whose name Is not printed on the ballot, write his 
name in the blank space provided for that purpose- 


JUDICIAL 

County Clerk Vote for One 

Chief Justice Sup. Court Vote for One 

S. R. MALLORY 


WALTER W1LTER 


james b. McCreary 


JOSEPH JENNINGS 


ASBURY C. LATTIMER 


THOMAS MERTON 






Auditor Vote for One 

Associate Justice Sup. Ct. Vote for Two 

JOHN W DANIEL 


WILLIAM BREWER 


M. J. FOSTER 


ERASTUS PECK J 


JOHN M. PATTERSON 


SAMUEL SNO\y 


J. F. ALLEE 


GEORGE TAWNEY 


CLARENCE D. CLARK 






j 

Treasurer Vote for One 

Judge of the District Court of Appeal, 
First District Vote for One 

FRED T. DU BOIS 


AUGUSTUS O. BACON 


ANTHONY BRENNAN 


JAMES H. BERRY 


PETER DREW 

— 




Assessor Vote for One 

Judge of the Superior Ct. Vote for Two 

J. S. SPOONER 


CEORGE BUNN 


E. G. NEWLANDS 


WALTER CAMPBELL 


E. W. PETTUS 


CHARLES R. DAVIS 




THOMAS McCALL 


Tax Collector Vote for One 

ERNEST W. ROBERTS 


KNUTE NELSON 




REDFIELD PROCTOR 




E. W. CARMACK 


Justice of the Peace Vote for Two 



THOMAS SULLIVAN 


Recorder Vote for One 

PETER HEPBURN 


C. M. DE PEW 


CLAUDE SWANSON 


CHARLES W. FULTON 




THOMAS H. CARTER 






SCHOOL 


o 1 

a i 

Public Administrator Vote f 

Supt. of Pub. Instruction Vote for One 

H. M. TELLER 


CHARLES N. STOVER 


J W. BAILEY 


FRANK N. KENDALL 




ARTHUR ROBERTS 


Coroner Vote for One 



1 

JAMES B. FRAZIER 

County Supt. of Schools Vote for One 

H. C. LODGE 

L 

TIMOTHY HEALEY 


W. P. DILLINGHAM 


J W REYNOLDS 




CHARLES CARSON 


Surveyor Vote for One 



JOHN F. DRYDEN 


COUNTY AND TOWNSHIP 

J. B. FORAKER 

1_ 

Sheriff Vote for One 


1 

J. P. DOLLIVER 


Supervisor Vote for One 

CHESTER I. LONG 


G. B. PATTERSON 


R. A. ALGER 


THOMAS SPIGHT 




JAMES E. WATSON 


District Attorney Vote for On 



A. B. KITTREDGE 


Constable ~ Vote for One 

JOHN T. MORGAN 


R. W. PARKER 

1 

E. J. BURKETT 


JOHN A. STERLING 

1 

i 

1 



-—--- 






































































































































































































OFFICIAL PRIMARY ELECTION BALLOT 

REPUBLICAN PARTY 

Forty-Eighth Assembly District, August 25, 1914 


I. vote for a parson whose name appears on the ballot, stamp a cross (X) in the square at the EIGHT of the name of the person for whom yon desire 
to vote. To vote for a person whose name is not printed on the ballot, write his name m the blank space provtded for that purpose. 


STATE 


Vote for One 


RICHARD ROE 


HENRY BROWN 


JOHN DOE 


Lieutenant Governor Vote for One 


WILLIAM SMITH 


THOMAS CRPEN 


CONGRESSIONAL 


United States Senator Vote for One 


CHARLES Ns HART 


I 


WALTER BROWNLOW 


CASSIUS N CLAY 


Representative in Congress 

8th District Vote for One 


JUDICIAL 


Chief Justice Sup. Court Vote for One 


WALTER WILTER 


JOSEPH JENNINGS 


THOMAS MERTON 


Associate Justice Sup. Ct. Vote for Two 


HORACE JONES 


Secretary of State 


Vote for One 


JOHN TOURTILLOTTE 


ALBERT BERC 


PETER E HANSON 


Vote for One 


THOMAS THOMPSON 


SAMUEL ALDEN 


WILLIAM DUNN 


Vote for One 


HENRY SAMPSON, 


A Y CHILTON 


SAMUEL JOHNSON 


Attorney General Vote for One 


GEORGE P WILSON 


W B. CURRAN 


THOMAS O BRIEN 


Surveyor General 


Vote for One 


FRANK WHEATON 


MICHAEL KERNAN 


JOHN P WALKER 


PETER PETERSON 

. 

1 f 

BAS'l iCK. BOYLAN 



HENRY HUDSON 





LEGISLATIVE 

Member Assembly 

48th District Vote for One 

PETER PETERSON 


1 

ANDREW ANDERSON i 

1 

CEORGE CAUGHEY 




Delegate to State Convention 

17th Senatorial District 

Vote for One 

WILLIAM S STOKES 


AMOS STRONG 




COUNTY COMMITTEE 

Members County Central 

Committee Vote for Three 

JOHN T HUNT 


JOSEPH T JOHNSON 


H L MAYNARD 


E. S. MINOR 


H D ROBINSON 


EDWARD F STEVENS 









WILLIAM BREWER 


County Clerk 


Vote for One 


S R MALLORY 


jamcs b McCreary 


ASBURY C I.ATTIMER 


Vote for One 


JOHN W. DANIEL 


M J FOSTER 


r R ASTI ’ T C' 


Member State Board of Equalization, 
First District Vote for One 


WILLIAM ADAMS 


HARRY ALGER 


SAMUEL SNOW 


GEORGE TAWNEY 


Judge of the District Court of Appeal, 
First District Vote for One 


ANTHONY BRENNAN | 


PETER DREW 


Judge of the Superior Ct. Vote for Two 


GEORGE BUNN 


WALTER CAMPBELL 


CHARLES R. DAVIS 


THOMAS McCALL 


ERNEST W ROBERTS 


Justice of the Peace Vote for Two 


THOMAS SULLIVAN 


PETER HETBURN 


CLAUDE SWANSON 


SCHOOL 


Supt. of Pub. Instruction Vote for One 


CHARLES N. STOVf.R 


FRANK N KENDALL 


ARTHUR ROBERTS 


CLARENCE D CLARK 


FRED T DU BOIS 


AUGUSTUS O BACON 


JAMES H BERRY 


Vote for One 


J S SPOONER 


E C NEWLANDS 


E W PETTUS 


Tax Collector 


KNUTE NELSON 


REDF1ELD PROCTOR 


E W CARMACK 


C M DEPEW 


CHARLES W FULTON 


THOMAS H CARTER 


Public Administrator Vote for One 


H M TELLER 


J W BAILEY 


Vote for One 


J P DOLLIVER 


CHESTER I LONG 


District Attorney 


A B KITTREDGE 


JOHN T MOROAN 


E J BURKETT 




JAMES B FRAZIER 


County Supt. of Schools Vote for One 

H C. LODGE 


-—f — 

TIMOTHY HEALEY 


W P DILLINGHAM 


J W REYNOLDS 




CHARLES CARSON 


Surveyor Vote for One 



JOHN F DRYDEN 


COUNTY AND TOWNSHIP 

J B FORAKER 



Supervisor 


Vote for One 


C B PATTERSON 


THOMAS SPIGHT 


JAMES E WATSON 


Vote for One 


R W PARKER 


JOHN f STERLING 













































































































































































































































































































































J3 -TQ 






















































ELECTION LAWS. 


255 


county clerk or registrar of voters in any city and 
county shall cause the official ballot to be printed 
as provided by section 12 of this act, and distrib¬ 
uted in the same manner and in the same quanti¬ 
ties as provided in sections 1198, 1199 and 1201 of 
the Political Code for the distribution of ballots 
for elections; provided, that the number of party 
ballots to be furnished to any precinct shall be 
computed from the number of voters registered in 
such precinct as intending to affiliate with such 
party, and the number of non-partisan ballots to be 
furnished to any precinct shall be computed from 
the number of voters registered in such precinct 
without statement of intention to affiliate with any 
of the parties participating in the primary election. 
In the case of primary elections for the nomination 
of candidates for city offices it shall be the duty of 
the city clerk, secretary of the legislative body of 
such city or municipality, or such other officer 
charged by law with the duty of preparing and dis¬ 
tributing the official ballots used at elections in 
such city or municipality, to prepare and mail the 
sample ballot and to prepare and distribute the offi¬ 
cial primary election ballots, and so far as ap¬ 
plicable and not otherwise provided herein the pro¬ 
visions of this act shall apply to the nomination of 
all candidates for city offices. 

Opening and Closing of Polls. 

Sec. 14. The polls must be open at six o ’clock 
of the morning of the day of primary election and 
must be kept open until seven o ’clock in the after¬ 
noon of the same day, when the polls shall be 
closed; provided, however, that if at the hour of 
closing there are any voters in the polling place, 
or in line at the door, who are qualified to vote and 
have not been able to do so since appearing, the 
polls shall be kept open a sufficient time to enable 
them to vote. But no one who shall arrive at the 
polling place after seven o’clock in the afternoon 
shall be entitled to vote, although the polls may 
be open when he arrives. No adjournment or inter- 


256 


ELECTION LAWS. 


mission shall be taken except as provided in the 
case of general elections. 

Election Officers—Duties and Compensation. 

Sec. 15. The officers for primary elections shall 
be the same, and shall be appointed in the same 
manner, as provided by law for general elections, 
and such officers shall receive the same compensa¬ 
tion for their services at primary elections as pro¬ 
vided by law for general elections. 

It shall be the duty of the proper officers to fur¬ 
nish the original affidavits of registration and in¬ 
dexes for use at primary elections, which shall show 
the names of all voters entitled to vote at such pri¬ 
mary elections, and shall be numbered, for purposes 
of the primary election, in like manner as provided 
in section 1113 of the Political Code. And all the 
provisions of section 1096 of the Political Code, 
so far as they are consistent with the provisions 
of this act, are hereby made applicable to primary 
elections within the meaning of this act. 

Challenge. 

Sec. 16. Any elector offering to vote at a pri¬ 
mary election may be challenged by any elector of 
the city, city and county or county, upon either 
or all of the grounds specified in section 1230 of the 
Political Code, but his right to vote the primary 
election ticket of the political party designated in 
his affidavit of registration, as provided in section 
1096 of the Political Code, or his right to vote the 
non-partisan primary ticket providing no such party 
is so designated, shall not be challenged on any 
ground or subjected to any tests other than those 
provided by the Constitution and section 1230 of 
the Political Code of this state. 

Who May Vote—Elector To Be Instructed. 

Sec. 17. Any elector qualified to take part in any 
primary election, who has, at least thirty days before 
the day of such primary election, qualified by regis¬ 
tration, as provided by section 1096 of the Political 


ELECTION LAWS. 


257 


Code, shall be entitled to vote at such primary elec¬ 
tion, such right to vote being subject to challenge 
only as hereinbefore provided; and shall, on writing 
his name or having it written for him on the roster, 
as provided by law for general elections in this 
state, receive the official primary election ballot of 
the political party designated in his affidavit of reg¬ 
istration; (or the non-partisan ballot, providing no 
such party was so designated), and no other; pro¬ 
vided, however, that no one shall be entitled to vote 
at any primary election who has not been a resident 
of the state one year, and of the county ninety 
days, preceding the day upon which such primary 
election is held. He shall be instructed by a mem¬ 
ber of the board as to the proper method of mark¬ 
ing and folding his ballot, and he shall then retire 
to an unoccupied booth and without undue delay 
stamp the same with the rubber stamp there found. 
If he shall spoil or defaee the ballot he shall at once 
return the same to the ballot clerk and receive an¬ 
other. 

Ballots—How Marked. 

Sec. 18. The voter shall designate his choice on 
the ballot by stamping a cross (X) in the small 
square opposite the name of each candidate for 
whom he wishes to vote. If he shall stamp more 
names than there are candidates to be nominated 
for any office, or if for any reason it be impossible 
to determine his choice for any office, his ballot 
shall not be counted for such office, but the rest 
of his ballot, if properly stamped, shall be counted. 
No ballot shall be rejected for any technical error 
which does not render it impossible to determine 
the voter’s choice, nor even though such ballot be 
somewhat soiled or defaced. 

Ballots—How Folded. 

Sec. 19. When a voter has stamped his ballot he 
shall fold it so that its face shall be concealed and 
only the printed designation on the back thereof 
shall be visible, and hand the same to the member 


258 


ELECTION LAWS. 


of the board in charge of the ballot box. Such 
folded ballot shall be voted as ballots are voted 
at general elections and the name of the voter 
checked upon the register as having voted. 

No Adjournment or Intermission. 

Sec. 20. No adjournment or intermission what¬ 
ever shall take place until the polls shall be closed 
and until all the votes cast at such polls shall be 
counted and the result publicly announced, but this 
shall not be deemed to prevent any temporary re¬ 
cess while taking meals or for the purpose of other 
necessary delay; provided, that no more than one 
member of the board shall at any time be absent 
from the polling place. 

Canvass of Votes. 

Sec. 21. As soon as the polls are finally closed the 
judges must immediately proceed to canvass the 
votes cast at such primary election. The canvass 
must be public, in the presence of bystanders, and 
must be continued without adjournment until com¬ 
pleted and the result thereof declared. Except as 
hereinafter provided, the canvass shall be con¬ 
ducted, completed and returned as provided by sec¬ 
tions 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 
1261, 1262, 1263, 1264, 1265, 1266, 1267 and 1268 of 
the Political Code of this state; provided, however, 
that the ballots of each party must be sealed and re¬ 
turned in separate envelopes, and the non-partisan 
ballots must be sealed and returned in another 
separate envelope. The number of ballots agreeing 
or being made to agree with the number of names 
on the lists, as provided by section 1255 of the Po¬ 
litical Code, the board must take the ballots from 
the box, count those cast by each party, and string 
them separately; count all the votes cast for eaxjh 
party candidate for the several offices and record 
the same on the tally lists; and count all the votes 
on all the ballots, both party and non-partisan, for 
the candidates for judicial, school, county, and 


ELECTION LAWS. 


259 


township offices, and record the same on the tally- 
lists. 

Official Canvass of Returns—Statement of Result. 

Sec. 22. The board of supervisors of each county, 
the board of election commissioners in any city 
and county, or, in the case of a city or municipal 
primary election, the officers charged by law with 
the duty of canvassing the vote at any city or 
municipal election in such political subdivision, 
shall meet at the usual place of such meeting, or at 
any other place permitted by law, at one o ’clock 
in the afternoon of the first Thursday after each 
primary election to canvass the returns, or as soon 
thereafter as all the returns are in. When begun the 
canvass shall be continued until completed, which 
shall not be later than six o ’clock in the afternoon 
of the sixteenth day following such primary elec¬ 
tion. The clerk of the board must, as soon as the 
result is declared, enter upon the records of such 
board a statement of such result, which statement 
shall contain the whole number of votes cast for 
each candidate of each political party for each can¬ 
didate for each judicial, school, county, or township 
office, for each candidate for delegate, if any, to a 
state convention from a hold-over senatorial dis¬ 
trict, and for each candidate for membership in the 
county central committee; and a duplicate as to 
each political party shall be delivered to the county, 
city and county or city chairman of such political 
party, as the case may be. The clerk shall also 
make an additional duplicate statement in the same 
form, showing the votes cast for each candidate not 
voted for wholly within the limits of such county 
or city and county. The county clerk or registrar 
of voters in any city and county shall forthwith 
send to the secretary of state by registered mail or 
by express one complete copy of all returns as to 
such candidates, and as to all candidates for the 
state assembly, state senate, representatives in con¬ 
gress, judicial officers, except justices of the peace, 
delegate, if anv, to a state convention from a hold- 


260 


ELECTION LAWS. 


over senatorial district, and as to all persons voted 
for at the May presidential primary election. The 
clerk shall also prepare a separate statement of the 
names of the candidates of each political party who 
have received the highest number of votes for the 
several offices to be voted for wholly within such 
county, city and county, or other political subdi¬ 
vision in which such primary election was held. 
The secretary of state shall, not later than the 
twenty-fifth day after any primary election, com¬ 
pile the returns for United States senator and for 
all candidates voted for in more than one county, 
and for all candidates for the assembly, state sen¬ 
ate. representatives in congress and judicial offices, 
except justices of the peace, delegate, if any, to a 
state convention from a hold-over senatorial district, 
and for all persons voted for at the May presiden¬ 
tial primary election, and shall make out and file 
in his office a statement thereof. He shall compile 
the returns for the May presidential primary elec¬ 
tion not later than the twenty-first day after such 
election, and shall compile said returns in such a 
manner as to show, for each candidate, both the 
total of the votes received and the votes received 
in each congressional district of the state. 

Certificates of Nomination To Be Issued—Beturns 

For U. S. Senator to Be Compiled. 

Sec. 23. Except in the case of a candidate for 
nomination to a judicial office, school office, county 
office, or township office, the person receiving the 
highest number of votes, at a primary election as 
the candidate for the nomination of a political 
party for an office shall be the candidate of the 
party for such office, and his name as such candi¬ 
date shall be placed on the official ballot voted at 
the ensuing election; provided, he has paid the 
filing fee required by subdivision 8 of section 7 of 
this act. The name of the person in each political 
party who receives at a primary election the high¬ 
est number of votes for United States senator shall 
also be placed on the official ballot under the head- 


ELECTION LAWS. 


261 


ing 11 United. States Senator. ” In the case of a 
judicial office, school office, county office, or town¬ 
ship office, the candidates equal in number to twice 
the number to be elected to such office, or less, if so 
there be, who receive the highest number of the 
votes cast on all the ballots of all the voters par¬ 
ticipating in the primary election for nomination to 
such office, shall be the candidates for such office at 
the ensuing election, and their names as such can¬ 
didates shall be placed on the official ballot voted 
at the ensuing election; provided, however, that in 
case there is but one person to be elected at the 
November election to a judicial office, school office, 
county office, or township office, any candidate who 
receives at the August primary election a majority 
of the total number of votes cast for all the candi¬ 
dates for such office shall be the only candidate for 
such office at the ensuing election. Of the candi¬ 
dates for election to membership in the county 
ceritral committee, the candidates equal in number 
to the number to be elected receiving the highest 
number of votes in their supervisorial district or 
assembly district, as the case may be in accordance 
with the provisions of subdivision 4 of section 24 
of this act, shall be declared elected as the repre¬ 
sentatives of their district to membership in such 
committee. It shall be the duty of the officers 
charged with the canvass of the returns of any pri¬ 
mary election in any county, city and county or 
municipality to cause to be issued official certifi¬ 
cates of nomination to such party candidates as 
have received the highest number of votes as the 
candidates for the nomination of such party for any 
offices to be voted for wholly within such county, 
city and county, or municipality, and cause to be 
issued to such delegate a certificate of his election; 
and to cause to be issued official certificates of nom¬ 
ination to such candidates for judicial, school, 
county, or township office as may be entitled thereto 
under the provisions of this section. It shall be 
the duty of the secretary of state to issue official 
certificates of nomination to candidates nominated 


262 


ELECTION LAWS. 


under the provisions of this act for representatives 
in congress, members of the state senate and assem¬ 
bly and officers voted for in more than one county; 
and to issue certificates of election to all persons 
elected at the May presidential primary election as 
delegates to their respective national party conven¬ 
tions, and to notify each of said delegates of the 
total vote received by each of the persons voted 
for in his party at said election, under the heading 
“For presidential nominee/ 7 Not less than thirty 
days before the November election the secretary of 
state shall certify to the county clerks or registrars 
of voters of each county and city and county within 
the state, the name of every person entitled to re¬ 
ceive votes within such county or city and county 
at said November election who has received the 
nomination as a candidate for public office under 
and pursuant to the provisions of this act, and 
whose nomination is evidenced by the compilation 
and statement required to be made by said secretary 
of state and filed in his office, as provided in section 
22 of this act. Such certificates shall in addition 
to the names of such nominees respectively, also 
show separately and respectively for each nominee 
the name of the political party or organization 
which has nominated such person if any and the 
designation of the public office for wilich he is so 
nominated. The secretary of state shall also certify 
to the county clerk or registrar of voters the names 
of those persons who have received in their respect¬ 
ive parties the highest number of votes for United 
States senator. 

Party Conventions—How May Be Called and Held. 

Sec. 24. 1. Party conventions of delegates chosen 

as hereinafter provided may be held in this state, 
for the purpose of promulgating platforms and 
transacting such other business of the party as is 
not inconsistent with the provisions of this act. 

2. The candidates of each political party for state 
officers, if any, except judicial and school officers, 
and such candidates for senate and assembly as 


ELECTION LAWS. 


263 


have been nominated by such political party at the 
primary election, and in whose behalf nomination 
papers have been filed, together with one delegate 
chosen by such political party from each senatorial 
district represented by a hold-over senator, shall 
meet in a state convention at the state capitol at 
two o ’clock in the afternoon of the third Tuesday 
in September after the date on which any primary 
election is held preliminary to the general November 
election. They shall forthwith formulate the state 
platforms of their party, which said state platform 
of each political party shall be framed at such time 
that it shall be made public not later than six 
o’clock in the afternoon of the following Thurs¬ 
day. They shall also proceed to elect a state central 
committee to consist of at least three (3) members 
from each congressional district, who shall hold of¬ 
fice until a new state central committee shall have 
been selected. In each year of the general Novem¬ 
ber election at which electors of president and vice 
president of the United States are to be chosen, 
they shall also nominate as the candidates of their 
party as many electors of president and vice presi¬ 
dent of the United States as the state is then enti¬ 
tled to, and it shall be the duty of the secretary 
of state to issue certificates of nomination to the 
electors so nominated, and to cause the names of 
such candidates for elector to be placed upon the 
ballots at the ensuing November election. 

Membership in the state convention shall not be 
granted to a party nominee for a state office or of¬ 
fice of senator or assemblyman who has become 
such by reason of his name having been written 
on a ballot, and who has not had his name printed 
on the primary ballot by having had a nomination 
paper filed in his behalf, as provided in section 5 
of this act; and, in every such case, a vacancy shall 
be deemed to exist; and any vacancy thereby exist¬ 
ing or existing because no nomination for such office 
has been made, or for any other cause, shall be filled 
as hereinafter provided. In any senatorial district 
represented by a hold-over senator there shall be 


264 


ELECTION LAWS. 


chosen at such primary election by the electors of 
every political party one delegate to the state con¬ 
vention, who shall have nomination papers circulated 
in his behalf, shall have his name placed upon the bal¬ 
lot, and shall be chosen in the same manner as a state 
senator is nominated from any senatorial district; 
but no such delegate shall be disqualified by reason 
of holding any office, nor shall any filing fee be re¬ 
quired in order to have his name placed upon the 
ballot. The term “ hold-over senator’ ’ as herein 
used shall apply to a state senator whose term of 
office extends beyond the first Monday in January 
of the year next ensuing after the primary election, 
and the term “hold-over senatorial district” shall 
apply to the district represented by such hold-over 
senator. 

In the event that there shall not have been filed 
any nomination paper for a candidate for any state 
office or office of senator or assemblyman by the 
electors of any political party, the vacancy thus 
created in the state convention of such party shall 
be filled as follows: 

(a) If the vacancy occurs in a senatorial or as¬ 
sembly district situated wholly within the limits 
of a single county or city and county, by appoint¬ 
ment by the newly elected county central committee 
of such party in such county or city and county. 

(b) If the vacancy occurs in a senatorial or as¬ 
sembly district comprising two or more counties, by 
appointment by the newly selected chairman of the 
several newly elected county central committees of 
such party in such counties. 

(c) If the vacancy occurs in a state office, by ap¬ 
pointment. by the state central committee of such 
party. 

Such delegate so appointed shall present to the 
convention credentials signed by the chairman and 
the secretary of the appointing committee, or by the 
appointing chairmen of the several committees, as 
the case may be. 

3. Each state central committee may select an 
executive committee, to which executive committee 


ELECTION LAWS. 


265 


it may grant all or any portion of its powers and 
duties. It shall choose its officers by ballot and 
each committee and its officers shall have the power 
usually exercised by such committees and the 
officers thereof in so far as may be consistent with 
this act. The various officers and committees now 
in existence shall exercise the powers and perform 
the duties herein prescribed until their successors 
are chosen in accordance with the provisions of this 
act, 

4. At each August primary election there shall 
be elected in each county or city and county a 
county central committee for each political party, 
which shall have charge of the party campaign 
under general direction of the state central commit¬ 
tee or of the executive committee selected by such 
state central committee. In all counties or cities 
and counties containing five or more assembly dis¬ 
tricts the county central committee shall be elected 
by assembly districts and shall consist of one mem¬ 
ber for each one thousand electors or fraction there¬ 
of in each such assembly district registered as be¬ 
longing to the political party with which such 
electors are affiliated as shown by the register of 
voters of such county or city and county on the 
first Monday of June next preceding said primary 
election. In all counties containing less than five 
assembly districts the county central committee shall 
be elected by supervisorial districts, and the num¬ 
ber to be elected from any supervisorial district 
shall be determined as follows: the number of 
electors registered in any supervisorial district as 
intending to affiliate with any political party shall 
be divided by one-twentieth of the number of elec¬ 
tors registered in the entire county as intending to 
affiliate with said party, as such registration exists, 
in each case, on the first Monday of June next pre¬ 
ceding the primary election; and the integer next 
larger than the quotient obtained by such division 
shall constitute the number of members of the 
county central committee to be elected by such 
party in said supervisorial district. The county 


266 


ELECTION LAWS. 


clerk or registrar of voters in each county or city 
and county shall, between the first Monday and the 
second Monday of June next preceding the primary 
election, complete the number of members of the 
county central committee allotted to each assembly 
district or supervisorial district, as the case may be, 
by the provisions of this subdivision. Each candi¬ 
date for member of a county central committee shall 
appear upon the ballot upon the filing of a nomina¬ 
tion paper according to the provisions of section 5 
of this act, signed in his behalf by the electors of 
the political subdivision in which he is a candidate, 
as above provided; and the number of candidates 
to which each party is entitled, as hereinbefore pro¬ 
vided, in each political subdivision, receiving the 
highest number of votes shall be declared elected. 
Each county central committee shall meet in the 
court house at its county seat on the second Tuesday 
in September following the August primary election, 
and shall organize by selecting a chairman, a secre¬ 
tary and such other officers and committees as it 
shall deem necessary for carrying on the campaign 
of the party. 

Vacancies—How Filled. 

Sec. 25. In case as a result of any primary elec¬ 
tion a person has received a nomination to any 
elective offiee without first having filed nominating 
papers and having his name printed on the primary 
election ballot, he may at least thirty days before 
the day of election cause his name to be withdrawn 
from nomination by filing in the office where he 
would have filed his nominating papers had he been 
a candidate for nomination, his request therefor in 
writing, signed by him and acknowledged before 
the county clerk of the county in which he resides, 
and no name so withdrawn shall be printed on the 
election ballot for the ensuing general election. 
The vacancy created by the withdrawal of such 
person as aforesaid, or on account of the ineligibil¬ 
ity of such person to qualify as a candidate be¬ 
cause of the inhibitions of subdivision 8 of section 


ELECTION LAWS. 


267 


5 of this act shall not be filled. In all other cases 
vacancies occurring after the holding of any pri¬ 
mary election may be filled by the party committee 
of the city, county, city and county, or state, as the 
case may be, unless such vacancy occurs among can¬ 
didates chosen at the primary election to go on the 
ballot for the succeeding general election for a judi¬ 
cial, school, county, or township office according to 
the provisions of section 23 of this act, in which 
case that candidate receiving at said primary elec¬ 
tion the highest vote among all the candidates for 
said office who have failed to receive a sufficient 
number of votes to get upon said ballot according 
to the provisions of said section 23, shall go upon 
said ballot to fill said vacancy. 

Tie Vote. 

Sec. 26. In case of a tie vote, if for an office to 
be voted for wholly within one county or city and 
county, the county, city and county or city board, 
as the case may be, shall forthwith summon the 
candidates who have received such tie votes to 
appear before such board, and such board in the 
presence of such candidates shall determine the tie 
by lot. In the case of a tie vote for an office to be 
voted for in more than one county, such tie shall 
be determined by lot by the secretary of state in 
the presence of the candidates or their legally ap¬ 
pointed representatives. Such summons must in 
every case be mailed to the address of the candi¬ 
date as it appears upon his affidavit of registration. 

Errors and Omissions. 

Sec. 27. Whenever it shall be made to appear by 
affidavit to the supreme court or district courts of 
appeal or superior court of the proper county that 
an error or omission has occurred or is about to 
occur in the placing of any name on an official pri¬ 
mary election ballot, that any error has been or is 
about to be committed in printing such ballot, or 
that any wrongful act has been or is about to be 
done by any judge or clerk of a primary election, 


268 


ELECTION LAWS. 


county clerk, registrar of voters in any city and 
county, canvassing board or any member thereof, 
or other person charged with any duty concerning 
the primary election, or that any neglect of duty 
has occurred or is about to occur, such court shall 
order the officer or person charged with such 
error, wrong or neglect to forthwith correct the 
error, desist from the wrongful act or perform the 
duty, or forthwith show cause why he should not 
do so. Any person who shall fail to obey the order 
of such court shall be cited forthwith to show cause 
why he shall not be adjudged in contempt of court. 

Contest—Procedure On. 

Sec. 28. Any candidate at a primary election, de¬ 
siring to contest a nomination of another candidate 
for the same office, may, within five days after the 
completion of the official canvass, file an affidavit 
iu the office of the clerk of the superior court of the 
county in which he desires to contest the vote re¬ 
turned from any precinct or precincts in such 
county, and thereupon have a recount of the bal¬ 
lots cast in any such precinct or precincts, in ac¬ 
cordance with the provisions of this section. Such 
affidavit must specify separately each precinct in 
which a recount is demanded, and the nature of the 
mistake, error, misconduct, or other cause why it is 
claimed that the returns from such precinct do not 
correctly state the vote as cast in such precinct, for 
the contestant and the contestee. The contestee 
must be made a party respondent, and so named 
in the affidavit. No personal service or other service 
than as herein provided need be made upon the con¬ 
testee. Upon the filing of such affidavit the county 
clerk shall forthwith post in a conspicuous place in 
his office, upon a bulletin board to be prepared for 
that purpose, and to have upon it in conspicuous 
letters the words i( Notice of primary election con¬ 
tests ” a copy of the affidavit. Upon the filing of 
such affidavit and the posting of the same, the 
superior court of the county shall have jurisdiction 
of the subject matter and of the parties to such 


ELECTION LAWS. 


269 


contest, and all candidates at any such primary 
election are permitted to be candidates under this 
act, upon the condition that such jurisdiction for 
the purposes of the proceeding authorized by this 
section shall exist in the manner and under the con¬ 
ditions provided for by this section. The contest¬ 
ant on the date of filing such affidavit, must mail a 
copy thereof to the contestee in a sealed envelope, 
with postage prepaid, addressed to the contestee at 
the place of residence named in the affidavit of reg¬ 
istration of such contestee, and shall make an affi¬ 
davit of such mailing and file the same with the 
county clerk to become a part of the records of 
the contest. Within two days after the expiration 
of the time for filing such affidavits the county 
clerk shall present all such affidavits and proof of 
posting as aforesaid to the judge of the superior 
court of the county, or any judge acting in his place, 
or the presiding judge of the superior court of a 
county or city and county, or any one acting in his 
stead, which judge shall, upon such presentation, 
forthwith designate the time and place where such 
contest shall proceed and in counties or cities and 
counties where there are more than one superior 
judge, assign all the cases to one department by the 
order of such court. Such order must so assign such 
case or cases, and fix such time and place for hear¬ 
ing, which time must not be less than one nor more 
than three days from the presentation of the mat¬ 
ter to the court by the county clerk, as herein pro¬ 
vided. It shall be the duty of the contestee to ap¬ 
pear either in person or by attorney, at the time 
and place so fixed, and to take notice of the order 
fixing such time and place from the records of the 
court, without service. No special appearance of 
the contestee for any purpose shall be permitted, 
and any appearance whatever of the contestee or 
any request of the court by the contestee or his 
attorney, shall be entered as a general appearance 
in the contest. No demurrer or objection can be 
taken by the contestee in any other manner than 
by answer, and all the objections of the contestee 


270 


ELECTION LAWS. 


must be contained in his answer in the contest. The 
court if the contestee shall appear, must require the 
answer to be made within three days from the time 
and place as above provided, and if the contestee 
shall not appear shall note his default, and shall 
proceed with all convenient speed. If the number 
of votes which are sought to be recounted, or the 
number of contests are such that the judge shall 
be of opinion that it will require additional judges 
to enable the contest or contests to be determined 
in time to print the ballots for the election, if there 
be only one judge for such county, he may obtain 
the service of any other superior judge, and the 
proceedings shall be the same as herein provided in 
counties where there is more than one superior 
court judge. If the proceeding is in a county or 
city and county where there is more than one supe¬ 
rior court judge, the judge to whom the case or 
cases shall be assigned, shall notify the presiding 
judge forthwith, of the number of judges which he 
deems necessary to participate, in order to finish 
the contest or contests in time to print the ballots 
for the primary election, and the said presiding 
judge shall forthwith designate as many judges as 
are necessary to such completion of such contest, 
by order in writing and thereupon all of the judges 
so designated shall participate in the recount of 
such ballots and the giving of judgment in such 
contest or contests in the manner herein specified. 
The said judges so designated by said last men¬ 
tioned order, including the judge to whom said con¬ 
tests were originally assigned, shall convene upon 
notice from the judge to whom sueh contest or con¬ 
tests were originally assigned, and agree upon the 
precincts whieh each one of sueh judges will re¬ 
count, sitting separately, and thereupon such re¬ 
count shall proceed before each such judge sitting 
separately, as to the preeinets so arranged, in such 
manner that the recount shall be made in such pre¬ 
cincts before each such judge as to all the contests 
pending, so that the ballots opened before one judge 
need not be opened before another judge or depart- 


ELECTION LAWS. 


271 


ment, and the proceedings before such judge in 
making such recount as to the appointment of the 
clerk and persons necessary to be assistants of the 
court in making the same, shall be the same as in 
contested elections, and the judge shall fix the pay 
or compensation for such persons and require the 
payment each day in advance, of the amount there¬ 
of by the person who is proceeding with and re¬ 
quiring the recount. When the recount shall have 
been completed in the manner herein required, if 
more than one judge has taken part therein, all the 
judges who took part shall assemble and make the 
decision of court, and if there be any differ¬ 
ences of opinion, a majority of such judges shall 
finally determine all such questions, and give the 
decision or judgment of the court in such contest 
or contests, separately. Su'ch decision or judgment 
of the court shall be final in every respect, and no 
appeal can be had therefrom. The judgment shall 
be served upon the county clerk or registrar of 
voters by delivery of a certified copy thereof, and 
may be enforced summarily in the manner provided 
In section 27 of this act, and if the contest pro¬ 
ceeds in more than one county, and the nominee is 
to be certified by the secretary of state from the 
compilation of election returns in his office, then 
the judgment in each county shall show what, if 
any changes in the returns in the office of the sec¬ 
retary of state relating to such county or city and 
county, ought to be made, and all such judgments 
shall be served upon the secretary of state, by the 
delivery of a certified copy, and he shall make such 
changes in the record in his office as such judgment 
or judgments require, and conform his compilation 
and his certificate of nomination in accordance 
therewith. 

Legal Expenses of Candidate. 

Sec. 29. No candidate for nomination to any elect¬ 
ive office, including that of United States senator in 
congress, shall directly or indirectly pay, expend or 
contribute any money or other valuable thing, or 


272 


ELECTION LAWS. 


promise so to do, except for lawful expenses. Law¬ 
ful expenses as used in this section are limited to 
expenses for the following purposes only: 

1. For the candidate’s official filing fee. 

2. For the preparing, printing, circulating, and 
verifying of nomination papers. 

3. For the candidate’s personal traveling ex¬ 
penses. 

4. For rent and necessary furnishing of halls or 
rooms, during such candidacy, for public meetings 
or for committee headquarters. 

5. For payment of speakers and musicians at pub 
lie meetings and their necessary traveling ex¬ 
penses. 

6. For printing and distribution of pamphlets, 
circulars, newspapers, cards, handbills, posters and 
announcements relative to candidates or political 
issues or principles. 

7. For his share of the reasonable compensation 
of challengers at the polls. 

8. For making canvasses of voters. 

9. For clerk hire. 

10. For conveying infirm or disabled voters to and 
from the polls. 

11. For postage, expressage, telegraphing, and 
telephoning, relative to candidacy. 

Verified Statement of Candidate. 

Sec. 30. Every person who shall be a candidate 
for nomination to any elective office, including that 
of United States senator in congress, shall make in 
duplicate, within fifteen days after the primary 
election, a verified statement, setting forth each 
and every sum of money contributed, disbursed, ex¬ 
pended or promised by him, and, to the best of his 
knowledge and belief, by any and every other per¬ 
son or association of persons in his behalf wholly 
or partly in endeavoring to secure his nomination. 
This statement must show in detail all moneys paid, 
loaned, contributed, or otherwise furnished to him 
directly or indirectly in aid of his election, together 
with the name of the person or persons from whom 


ELECTION LAWS. 


273 


such moneys were received; and must also show in 
detail, under each of the subdivisions of section 29 
of this act, all moneys contributed, loaned, or ex¬ 
pended by him directly or indirectly by himself or 
through any other person, in aid of his election, 
together with the name of the person or persons 
to whom such moneys were paid, or disbursed. 
Such statement must set forth that the affiant has 
used all reasonable diligence in its preparation, and 
that the same is true and is as full and explicit as 
he is able to make it. Within the time aforesaid 
the candidate shall file one copy of said statement 
with the officer with whom his nomination papers 
wove filed, and the other with the recorder of the 
county or city and county in which he resides, who 
shall record the same in a book to be kept for that 
purpose, and to be open to public inspection. No 
officer shall issue any certificate of nomination to 
any person until such statement as herein provided 
has been filed, and no other statement of expenses 
shall be required except that provided herein, and no 
fee or charge whatsoever shall be made or collected 
by any officer herein specified for the filing of such 
statements or a copy thereof. 

Violation—Penalty. 

Sec. 31. Any person violating any of the provi¬ 
sions of section 29 or section 30 of this act shall be 
guilty of a misdemeanor, and upon trial and con¬ 
viction thereof, in addition to the sentence imposed 
by the court, he shall forfeit all right to the office 
for which he was a candidate at the time of violat¬ 
ing the provisions aforesaid. 

Bribery—Failure to File Nomination Papers. 

Sec. 32. 1. Any person who shall offer, or with 
knowledge of the same permit any person to offer 
for his benefit, any bribe to a voter to induce such 
voter to sign any nomination paper, and any person 
who shall accept such bribe or any promise of gain 
of any kind in the nature of a bribe as considera¬ 
tion for signing any nomination paper, whether 


274 


ELECTION LAWS. 


such bribe or promise of gain in the nature of a 
bribe be offered or accepted before or after signing, 
shall be guilty of a misdemeanor and upon trial and 
conviction thereof shall be punished by a fine of not 
less than twenty-five dollars nor more than three 
hundred dollars, or by imprisonment in the county 
jail for not less than ten days nor more than one 
hundred and twenty days, or by both such fine and 
imprisonment. 

2. Any person W’ho, being in possession of any 
nomination paper or papers and affidavits entitled 
to be filed under the provisions of this act, shall 
wrongfully either suppress, neglect or fail to cause 
the same to be filed at the proper time and in the 
proper place shall be guilty of a misdemeanor, and 
upon trial and conviction thereof shall be punished 
by a fine of not less than one hundred dollars nor 
more than five hundred dollars, or by imprisonment 
in the county jail for not less than thirty days nor 
more than six months, or by both such fine and im¬ 
prisonment. 

3. Any act or omission declared to be an offense 
by the general laws of this state concerning pri¬ 
maries and elections shall also in like case be an 
offense concerning primary elections as provided for 
by this act, and shall be punished in the same man¬ 
ner and form as therein provided, and all the pen¬ 
alties and provisions of the law governing elections, 
except as herein otherwise provided, shall apply in 
equal force to primary elections as provided for by 
this act. 

Forms Shall Be Prepared. 

Sec. 33. It shall be the duty of the secretary of 
state and the attorney general to prepare on or be¬ 
fore August 1, 1913, all forms necessary to carry 
out the provisions of this act, which forms shall be 
substantially followed in all primary elections held 
in pursuance hereof. 

Name of Act. 

Sec. 34. This act shall be known as the direct pri¬ 
mary law. 


ELECTION LAWS. 


275 


Validity of Act. 

Sec. 35. If any section, subdivision, sentence, 
clause, or phrase of this act is for any reason held 
to be unconstitutional, such decision shall not affect 
the validity of the remaining portions of this act. 
The legislature hereby declares that it would have 
passed this act, and each section, subdivision, sen¬ 
tence, clause, and phrase thereof, irrespective of 
the fact that any one or more other sections, subdi¬ 
visions, sentences, clauses, or phrases be declared 
unconstitutional. 

Conflicting Acts Repealed. 

Sec. 36. The act approved April 7, 1911, known 
as the direct primary law, and also the act ap¬ 
proved December 24, 1911, amending sections 1, 3, 
5, 7, 10, 12, 13, 22, 23, and 24 of the said direct pri¬ 
mary law, are hereby repealed; and all other acts 
or parts of -acts, inconsistent with or in conflict with 
the provisions of this act, are also hereby repealed. 

PRESIDENTIAL PRIMARY ACT. 

An Act to provide for the expression by the qualified 
electors of the several political parties of their 
choice for nomination by their party for presi¬ 
dent of the United States, and to provide for the 
election of the delegates of said political parties 
to their respective national conventions, and to 
call an election in conformity with the provisions 
of this act. 

[Approved December 24, 1911.] 

The people of the State of California do enact as 

follows: 

Sec. 1. On Tuesday, May 14th, 1912, and on the 
second Tuesday in May of every fourth year there¬ 
after there shall be held a primary nominating elec¬ 
tion, to be known as the May presidential primary 
election, at which the qualified electors of the sev¬ 
eral political parties shall have opportunity, on 
separate party ballots provided for that purpose, to 


276 


ELECTION LAWS. 


express their preference as to the nominees of their 
respective parties for president of the United States, 
and also to elect the delegates of their respective 
parties to their respective national conventions for 
the nomination of their party candidates for presi¬ 
dent and vice-president of the United States. 

Sec. 2. The names of the candidates for nomina¬ 
tion as president of the United States shall be 
printed upon the ballots, upon the filing of the nom¬ 
ination papers substantially as provided in section 5 
of the act entitled “An act to provide for and 
regulate primary elections, and providing the method 
whereby electors of political parties may express 
their choice at such primary elections for United 
States senator, and to repeal an act entitled an act 
to provide for and regulate primary elections, and 
providing the method whereby electors of political 
parties may express their choice at such primary 
election for United States senator, approved March 
24, 1909, ’ ’ approved April 7, 1911, said act being 
also known and hereinafter referred to in this 
act as the “direct primary law”; provided, that 
nomination papers for each of said candidates must 
be signed by not less than one per centum of the 
voters of his party in each congressional district 
of the state; and further provided, that no candi¬ 
date for nomination for president need sign or file 
any petition, affidavit, declaration, statement or 
paper of any kind to get his name upon the ballot, 
but that in the event that any person who is pre¬ 
sented as a candidate for nomination for president 
by the filing of nomination papers as herein pro¬ 
vided for, shall, on or before the thirty-fifth day 
before the date of the presidential primary election, 
announce by an affidavit, declaration, or statement 
filed in the office of the secretary of state, that he is 
not a candidate for nomination for president, and 
that he does not wish his name to be printed upon 
the ballot for said election, the said secretary of 
state shall not certify or transmit the name of such 
candidate to the respective county clerks or regis¬ 
trars of voters, and such name shall not be printed 


ELECTION LAWS. 


277’ 


upon the ballots, and provided, also, that verifica¬ 
tion deputies may be designated by any party sup¬ 
porter of any candidate for president, and the name 
of such supporter, followed by the words “a 
party supporter of” shall precede the name of the 
candidate in the form of affidavit for verification 
deputies provided for in said section 5 of said 
“direct primary law.” The names of the several 
candidates for nomination for president together 
with the blank space for writing the name of such 
candidate, and the headings for the same shall 
appear at the top and eenter of the ballot imme¬ 
diately below the instructions to voters, and shall 
be printed in heavy face, eight point, capital type. 
The order in which the names of the candidates for 
presidential nominee shall be printed upon the bal¬ 
lot, shall be the order in which the nomination 
papers of such candidates are filed with the secre¬ 
tary of state and such names shall be printed one 
after the other in a horizontal line, each name being 
followed by a voting square, the space for the name 
and voting square together being headed by the 
words “For Presidential Nominee,” printed in 
heavy face ten point gothic type, and occupying no 
less than two and one-half inches of horizontal 
space. This space shall be left blank above the 
“No Preference Column” provided for in section 5 
of this act. Below the words “For Presidential 
Nominee” heading the blank space hereinbefore 
provided for, shall be the words “Blank Space” 
in six point gothic type. Above the words and 
spaces herein described shall be printed in heavy 
face twelve point gothic type the words “Vote for 
One as Your Choice for Presidential Nominee.” 

Sec. 3. The chairman of the state central com¬ 
mittee of each of the political parties qualified to 
participate in the election provided for in this act 
shall notify the secretary of state on or before 
the first day of March of each bissextile or leap 
year as to the number of delegates to represent the 
state in the next national convention of his said 
party. If the state chairmen, or any of them, fail 


278 


ELECTION LAWS. 


to file such notice, it shall be the duty of the secre¬ 
tary of state to ascertain the said number of dele¬ 
gates from the call for said national convention 
issued by the national committee of each party 
whose chairman has failed to notify him as afore¬ 
said. 

The delegates who shall represent each political 
party at its national convention shall all be elected 
by the voters of the state at large. The secretary 
of state shall, on or before the tenth day of March 
of the year of the May presidential primary election, 
certify to the county clerk or registrar of voters 
of each county, or city and county, the number of 
delegates to be so elected by each of the political 
parties qualified to participate in the said election. 
Any political party shall be qualified to participate 
iu the May presidential primary election which is 
qualified to participate in the September primary 
election according to the provisions of the “ direct 
primary law. ” 

Sec. 4. The names of persons to be voted upon as 
delegates to the respective national conventions of 
the several political parties shall be printed upon 
the ballots of their respective parties upon the 
filing of nomination papers substantially in the 
form provided in section 5 of the “ direct primary 
law”; provided, that, in the case of each party, 
nomination papers for candidates for delegates 
must be signed by not less than one per centum of 
the voters of said party in each congressional dis¬ 
trict of the state; and provided, also, that when¬ 
ever a number of candidates for delegates join to¬ 
gether in appointing the same verification deputies, 
and in filing statements with the secretary of state, 
as hereinafter provided in this section, setting forth 
that said candidates for delegates prefer the same 
person as candidate for presidential nominee, there 
may be filed upon the same nomination paper the 
names of as great a number of candidates for dele¬ 
gates from any party as the total number of dele¬ 
gates to be elected by said party, and no more than 


ELECTION LAWS. 


279 


such number; and provided, further, that when the 
number of names of candidates printed upon the 
same nomination paper exceeds the number of con¬ 
gressional districts in the state, but is less than 
twice the number of such districts, the names of such 
candidates thus grouped together shall be so selected 
that not more than three and not less than one of 
such candidates shall reside in any one congres¬ 
sional district, and that when the number of names 
of candidates printed upon the same nomination 
paper exceeds twice the number of congressional 
districts in the state, the names of such candidates 
thus grouped together shall be so selected that not 
more than four and not less than two of such can¬ 
didates shall reside in any one congressional dis¬ 
trict; and if not so selected said names shall not 
be grouped together on the ballot, but shall appear 
as individuals. 

Candidates for delegate grouped together on the 
same nomination paper and selected as aforesaid 
shall be similarly grouped, in the same order of 
names, upon the ballots of their party; provided, 
that such group of candidates for delegate has the 
endorsement of that candidate for presidential nom¬ 
inee for whom the members of said group have filed 
a preference, or the endorsement of such a state 
political organization created in support of the can¬ 
didacy of said presidential nominee as shall not 
be repudiated by him as lacking authority to make 
such endorsement; said endorsement, either of the 
candidate or of the organization supporting him, to 
be filed with the secretary of state. No candidates 
for delegate not thus endorsed shall have their 
names printed upon the ballot in a group, but such 
candidates must appear as individuals; and further 
provided, that the name of no candidate shall ap¬ 
pear more than once on the ballot, and that any 
candidate whose nomination paper is filed in more 
than one group, or in the same group differently 
arranged, shall have his name printed on the ballot 
as a part of that group which has received the 
endorsement as herein recited; provided, that one 


280 


ELECTION LAWS. 


of the groups in which his name occurs has received 
such endorsement. 

Each candidate for election as delegate to his 
national party convention must file with the secre¬ 
tary of state not later than the time of filing of the 
nomination papers containing his name, an affidavit 
substantially as provided in section 5 of the “direct 
primary law, ” and may also include with his affi¬ 
davit the statement “I personally prefer- 

as the nominee of my party for president of the 
United States’’ (filling in the blank by inserting 
his choice for such nominee). But his failure to 
include such statement shall not be a valid ground 
on the part of the secretary of state for refusal 
to receive and file the nomination papers containing 
his name. 

Sec. 5. The names of the candidates for delegate 
in any political party shall be arranged upon the 
ballots of such party in parallel columns each 
column standing directly underneath the space 
headed by the words, “For Presidential Nominee”, 
and the various candidates for delegate appearing 
in these columns as determined by their preference 
for president, according to the provisions of sec¬ 
tion 4 of this act. The lefthand column shall be 
headed in heavy face, ten point, gothic type, ‘ 1 Can¬ 
didate Preferring -” (the blank being 

filled out by the surname of the first candidate for 
presidential nominee on the ballot, as determined 
by section 2 of this act). The second column shall 
be similarly headed, except that the surname of 
the candidate for presidential nominee shall be for 
the name second in the list of candidates for presi¬ 
dential nominee, and so on for as many candidates 
for presidential nominee as are printed at the top 
of the ballot in the list of such candidates. To the 
right of the last column headed by the surname of 
a candidate for presidential nominee shall be a 
column headed “No Preference Column,” in which 
shall appear the names of all candidates for delegate 
who have expressed no preference for presidential 




ELECTION LAWS. 


281 


nominee, or who have expressed a preference for 
a candidate for presidential nominee other 
than the candidate for presidential nominee 
printed at the top of the ballot. Above 
this “No Preference Column, ,, neither the words 
“For Presidential Nominee,” nor the space for the 
name of such nominee shall appear. To the right of 
this last column shall be a column headed “Blank 
Column,” which shall contain as many blank 
spaces as there are delegates to be elected by the 
political party concerned. In case that there are 
no names of candidates for delegate to be placed in 
a “No Preference Column,” such “No Preference 
Column” shall be omitted from the ballot, and the 
“Blank Column” as herein provided for shall be 
placed to the right of and contiguous to the last 
column headed by the surname of a candidate for 
presidential nominee. In the event that two or 
more candidates for presidential nominee whose 
names are printed upon the same ballot have the 
same surname, the distinguishing names or initials 
of such candidates shall be prefixed to their respect¬ 
ive surnames on said ballot, following the words 
“Candidates Preferring.” 

The names of the various candidates for delegate 
shall be printed in eight point, roman capital type, 
under their respective preferences for presidential 
nominee or in the no preference column, as hereto¬ 
fore provided in this act. The names of each group 
on the ballot shall be numbered in heavy face, eight 
point type. The order of names for each column 
upon the ballot shall be the same as the order in 
which such names were filed with the secretary of 
state; provided, that above the individual names 
in each column shall appear the group of names, if 
any, which has received the endorsement referred 
to in section 4 of this act. 

A blank column one-half inch wide shall be left 
upon the ballot opposite each group of names and 
to the right of the column of voting squares for 
the individual names and separated from it by a 


282 


ELECTION LAWS. 


light dotted line, which blank column shall contain 
a square in which may be stamped a cross (X) 
which shall be counted as a vote for each and every 
name in the group opposite. Lengthwise along this 
blank column shall be printed "A cross (X) stamped 
in this square shall be counted for each name of the 
group to the left.” The line separating any name 
from any other name not in a group or from any 
group of names shall be heavier than any line 
separating the individual names in such group, and 
shall extend across the blank column provided for 
in this paragraph. Below the top line of this ex¬ 
tension shall be printed in small heavy face type 
the words “top of group,” and above the bottom 
line of the extension, the words “end of group.” 

Sec. 6. Each candidate for election as delegate 
to his national party convention may include with 
his affidavit the statement hereinafter set forth 
in this section; but his failure to include such state¬ 
ment shall not be a valid ground on the part of the 
secretary of state for refusal to receive and file his 
nomination paper or papers. 

Such statement, if any be made, shall be in sub¬ 
stantially the following form: 

DELEGATE’S STATEMENT. 

I hereby declare to the voters of my political 
party in the State of California that if elected as 
delegate to their national party convention, I shall, 
to the best of my judgment and ability, support 
that candidate for president of the United States 
who shall have received the highest number of votes 
cast throughout the entire state by the voters of 
my party for said office, at the May presidential 
primary election. 


Signature of candidate for delegate. 

Sec. 7. The delegates to each national party 
convention elected at the May presidential primary 
election, shall, before leaving the state to attend 
the convention, meet together and select alternates 



ELECTION LAWS, 


283' 


to the convention. The number of alternates to be 
selected shall be no greater than one for each dele¬ 
gate, and each alternate must be selected from the 
congressional district of the delegate for whom he 
is an alternate; and the method of selection shall 
be as determined upon by the majority of the whole 
number of delegates who have been elected to the 
convention. The duties of an alternate shall be those 
usually appertaining to that position, and as pre¬ 
scribed by each party in the call for its national 
convention. The alternate of any such delegate as 
may be unable to attend the convention, shall at¬ 
tend the convention in his place, and shall other¬ 
wise discharge the duties of said delegate. 

Sec. 8. For purposes of the May presidential 
primary election, the original affidavits of registra¬ 
tion and indexes used in the last genera] election 
in any county or city and county in this state may 
be used, together with the original affidavits of 
registration since the last election, and supplemental 
indexes, showing all additional registrations, 
changes and corrections made since the registration 
for the last general election, completed to and in¬ 
cluding the thirty-first day prior to said May presi¬ 
dential primary election, which shall be the last 
day on which any person may register or transfer 
registration so as to entitle said person to vote at 
such primary. Any person registered in accordance 
with the provisions of this section, and who has 
stated his political affiliation in accordance with 
section 1096 of the Political Code, shall be qualified 
to vote at such election, and shall receive the ticket 
of that political party only with which he has 
declared himself affiliated. Any person qualified 
by the provisions of this section to vote at any 
May presidential primary election shall also be 
qualified to sign the nomination papers of any 
person to be voted upon at such primary election. 

Sec. 9. The ballot to be used at -the May presi¬ 
dential primary election shall be prepared accord¬ 
ing to the provisions of sections 2, 4 and 5 of this 


•284 


ELECTION LAWS. 


act, and also according to such provisions of section 
12 of the “direct primary law” as are applicable 
to this act and not in conflict with its provisions; 
provided, that the words at the top of the ballot 
shall be ‘ 1 Official Presidential Primary Election 
Ballot,” and that the instructions to voters shall 
be as follows: To vote for a person whose name 
appears on the ballot, stamp a cross (X) in the 
square at the right of the name of the person for 
whom you desire to vote; or if you wish to vote for 
all of a group of persons, stamp a cross (X) in the 
square opposite such group, which cross shall be 
counted for each name of the group. A group con¬ 
sists of candidates for delegate nominated on the 
same nomination paper. To vote for a person whose 
name is not printed on the ballot, write his name in 
the blank space provided for that purpose. There 
shall be printed in heavy face, twelve point gothic 
type, across the page above the column of candidates 
for delegates, the words, “For Delegates to National 

Convention Vote for -, either as individuals 

or by group, but do not vote for more than-” 

(the blanks being filled in by the number of dele¬ 
gates to be elected by the political party con¬ 
cerned). 

The ballot shall be printed substantially in the 
following form: (See folder inserted opposite.) 

Sec. 10. Accompanying the sample ballot for the 
May presidential primary election mailed to the 
voters of each political party, there shall be included 
for such party a sheet with the following title in 
twenty-four point capital type, biographical sketches 
of presidential candidates. Under this heading 
there shall appear in twelve point capital type the 
name of each candidate of such party for nomina¬ 
tion for president for whom a biographical sketch 
is furnished, and below such name shall be printed 
in ten point type the biography of such candidate 
in no more than three hundred words. The bio¬ 
graphical sketch of each candidate for presidential 





















































































































































































































ELECTION LAWS. 


285 


nomination shall be furnished by such candidate 
or by such state political organization created in 
support of his candidacy as shall not be repudiated 
by him in lacking authority to furnish such bio¬ 
graphical sketch. Such biographical sketch shall 
be sent to the secretary of state, together 
with the sum of two hundred dollars to 
defray the cost of its publication, at least forty 
days prior to the date of the May presidential 
primary election, and it shall be printed at the 
state printing office and sent to the county clerks 
or registrars of voters to be mailed with the 
sample ballots as aforesaid. The biographical 
sketches of all the candidates for presidential nom¬ 
ination of any party who appear upon the ballot 
of such party, and none other, shall be printed upon 
the same sheet, and shall appear in the same order 
as they appear upon the ballot. The sheet mailed 
to the voters by the county clerks or registrars of 
voters shall be the one which contains the bio¬ 
graphies of such candidates for presidential nomina¬ 
tion as appear upon the ballots mailed to the voters 
in the same envelope and no other sheet shall be 
mailed. In the case of any political party for 
none of whose candidates any biographical sketch 
has been furnished, no sheet as hereinbefore pro¬ 
vided shall be prepared or mailed. 

Sec. II. The provisions of the direct primary law 
as amended by the legislature of the State of Cali¬ 
fornia at its special session commencing on the 
twenty-fourth day of November, 1911, shall govern 
the May presidential primary election in so far as 
said provisions are applicable to said election and 
are not inconsistent with or in conflict with the pro¬ 
visions of this act. 

Sec. 12. The first election under the provisions 
of this act is hereby called for, and shall be held 
throughout the State of California, on Tuesday, the 
fourteenth day of May, 1912. It shall be the duty 
of the secretary of state and the attorney general 
to prepare, on or before the first day of February, 
1912, all forms necessary to carry out the provisions 


286 


ELECTION LAWS. 


of this act, which forms shall be substantially fol¬ 
lowed in all presidential primary elections held in 
pursuance hereof. 

Sec. 13. This act shall be known as the Presi¬ 
dential Primary Act. 

Sec. 14. This act, inasmuch as it calls an elec¬ 
tion and provides the procedure therefor, shall, 
under the provisions of article IV, section 1 of the 
constitution, take effect immediately. 

Sec. 15. All acts and parts of acts inconsistent 
with or in conflict with the provisions of this act 
are hereby repealed. 


CONDUCT OF ELECTION CAMPAIGNS. 

An Act to regulate the conduct of election cam¬ 
paigns, and repealing an Act entitled “An Act 
to promote the purity of elections by regulating 
the conduct thereof, and to support the privilege 
of free suffrage by prohibiting certain acts and 
practices in relation thereto, and providing for 
the punishment thereof ,” approved February 23, 
1893. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Itemized Statement to Be Filed by Candidate. 

Section 1. Every candidate who is voted for at 
any public election held within the State shall, 
within fifteen days after the day of holding such 
election, file, as hereinafter provided, an itemized 
statement, showing in detail all moneys paid, loaned, 
contributed, or otherwise furnished to him, or for 
his use, directly or indirectly, in aid of his election, 
and all moneys contributed, loaned, or expended by 
him, directly or indirectly by himself or through 
any other person, in aid of his election. Such state¬ 
ment shall give the names of the various persons 


ELECTION LAWS. 


287 


who paid, loaned, contributed or otherwise furnished 
such moneys in aid of his election, and the names of 
the various persons to whom such moneys were con¬ 
tributed, loaned or paid, the specific nature of each 
item, the service performed, and by whom perform¬ 
ed, and the purpose for which the money was ex¬ 
pended, contributed or loaned. 

If the candidate seeks to avoid the responsibility 
of any illegal payment made by any other person in 
his behalf, he shall set out such illegal payment and 
disclaim responsibility therefor. Candidates for office 
to be filled by the electors of the State, or of any 
political division thereof greater than a county, and 
for members of the Senate and Assembly, Repre¬ 
sentative in Congress, or for Members of the State 
Board of Equalization, or State Board of Railroad 
Commissioners, shall file their statements in the 
office of the Secretary of State. Candidates for all 
other offices shall file their statements in the office 
of the Clerk of the county wherein the election is 
held, and within which the duties of the office for 
which the candidate is voted for are to be exercised. 
The statement of a committee or candidate shall be 
recorded in the office of the County Recorder, and 
shall, after being filed, become a public record, and 
open at all times to public inspection, and no fee 
or charge whatsoever shall be collected or made by 
any officer herein specified for filing or recording 
any statement required to be filed or recorded under 
the provisions of this act. [Amendment approved 
June 6, 1913.] 

Vouchers must be filed for all expenditures, ex¬ 
cept in the case of sums under five dollars. 

Committee—Duty of. 

Sec. 2. Every committee organized for the pur¬ 
pose, or charged with the duty of conducting the 
election campaign of any political party, or of any 
candidate or candidates, shall appoint a treasurer, 
who shall receive and disburse all moneys contrib¬ 
uted for such campaign purposes, and keep a true 


288 


ELECTION LAWS. 


account thereof, and shall, in the same manner as 
herein required of candidates, file an itemized state¬ 
ment of all money received or disbursed by him 
as such treasurer. 

What Are Legitimate Expenses. 

Sec. 3. No sum of money shall be paid and no 
expense incurred by or on behalf of any candidate 
or campaign committee as defined in Section 2 of 
this Act, or any body of superior authority, to 
which such committee is subject, if any, whether 
before, during or after an election, on account of 
or in respect of the conduct or management of such 
election, except for the expenses of holding and 
conducting public meetings for the discussion of 
public questions, and of printing and circulating 
specimen ballots, handbills, cards, and other papers 
previous to such election, and of advertising and of 
postage, expressage, telegraphing and telephoning, 
and of supervising the registration of voters, and 
watching the polling or counting of votes cast at 
such election, and of salaries of persons employed 
in transacting business at office or headquarters and 
necessary expenses of maintaining the same, and 
for rent of rooms necessary for the transaction of 
the business of candidate or committee, or superior 
authority to which such committee is subject, if 
any, and for necessary incidental expenses, which 
shall not exceed the sum of one hundred dollars, if 
expended by a candidate, or one thousand dollars, if 
expended by a committee; and no sum shall be paid 
and no expense shall be incurred, directly or in¬ 
directly, by or on behalf of a candidate, whether 
before, during or after an election, on account of 
or in respect of the conduct and management of an 
election at which he is a candidate, in excess of the 
maximum amount following, that is to say: if the 
term of the office for which the person is a candi¬ 
date be for one year or less, five per centum of the 
amount of one year’s salary of the office; if the 


ELECTION LAWS. 


289 


term be for more than one year, and not more than, 
two years, ten per centum of the amount of one 
year’s salary of the office; if the term be for more 
than two years, and not more than three years, fif¬ 
teen per centum of the amount of one year’s salary 
of the office; if the term be for more than three 
years, and not more than four years, twenty per 
centum of the amount of one year’s salary of the 
office; if the term be for more than four years, 
ten per centum of the amount of one year’s 
salary of the office; if the office be one for which, in 
lieu of a salary, there is allowed per diem, for a 
statutory period, or for the number of days actually 
engaged in the performance of public duties, twenty- 
five per centum of the amount to accrue for the stat¬ 
utory period; if the office be one for which, in lieu of 
a salary, a yearly sum is allowed the officer for all 
the expenses of his office, the expenditures of the 
candidate for such office shall not exceed the amount 
of ten per centum of the allowance for such office 
for one year; if the office be one for which no 
salary or compensation is allowed, except fees, or a 
salary not exceeding nine hundred dollars per an¬ 
num and fees, the expenditures of the candidate for 
such office shall not exceed the amount of one hun¬ 
dred and fifty dollars; if the office be one for which 
no salary or compensation is allowed, or for which 
a per diem is allowed for the days actually employed 
in the performance of a public duty, the expendi¬ 
tures of the candidate for such office shall not ex¬ 
ceed one hundred dollars; if the candidate is also 
at the same time a candidate for an unexpired term, 
he shall not pay or expend any sum on account of 
such unexpired term, but the maximum amount to 
be expended by such candidate shall be as herein¬ 
above provided. 

Presentment and Payment of Claims. 

See. 4. Every claim payable by a committee as 
defined in Section 2 of this Act on account of or 


290 


ELECTION LAWS. 


in respect of any expense incurred in the conduct 
and management of an election held within this 
State, or on behalf of the candidates of the political 
party, organized assemblage, or body which such 
committee represents, must be presented to the com¬ 
mittee within ten days after the return day of the 
election, and if not so presented, the same shall not 
be paid, and no action shall be commenced or main¬ 
tained thereon, and all expenses incurred as afore¬ 
said shall be paid within fifteen days after the com¬ 
pletion of such official canvass, and not otherwise. 
Every claim in respect of any expenses incurred by 
or on behalf of a candidate at an election held 
within this State on account of or in respect of 
the conduct or management of such election shall 
be presented to such candidate within ten days after 
the day of election, and if not so presented the 
same shall not be paid, and no action shall be insti¬ 
tuted or maintained thereon; and all such expenses 
incurred as aforesaid must be paid within twelve 
days after the day of election, and not otherwise. 
Any person who makes a payment in contravention 
of this section, except where such payment is al¬ 
lowed, as provided by this Act, is guilty of a mis¬ 
demeanor. 

Claims Not Presented in Time—How Allowed. 

Sec. 5. The Superior Court of the county in 
which such statement is filed or is required to be 
filed, may, on the application of either the com¬ 
mittee or candidate, or a creditor of either, allow 
any claim not in excess of the maximum amount 
allowed by this Act, to be presented and paid after 
the time limited by this Act; and a statement of 
any sum so paid, with a certificate of its allowance, 
shall forthwith, after payment, be filed by the com¬ 
mittee or candidate in the same office as the origi¬ 
nal statement of the committee or candidate. If 
the candidate or committee, upon such application, 
shall show to the satisfaction of said court that 
any error or false recital in such statement, or that 


ELECTION LAWS. 


291 


the failure to make such statement or to present, 
within the designated time, a claim otherwise just 
and proper, has been occasioned by the absence or 
illness of such candidate, or by the absence, illness 
or death of one or more members of such committee, 
or by the misconduct of any person other than such 
applicant, or by inadvertence or excusable neglect, 
or of any reasonable cause of a like manner, and 
not by reason of any want of good faith on tkt 
part of the applicant, the court may, after such 
notice of the application as the court may require, 
and on the production of such evidence of the facts 
stated in the application as shall be satisfactory to 
such court, by order, allow such statement to be 
filed, or such error or false recital therein to be 
corrected, or such claims to be paid, as to the court 
seems just; and such order shall relieve the appli¬ 
cant from any liability or consequences under this 
Act in respect of the matters excused by the order. 
If the application is made by a creditor, the court 
may, under like conditions and upon a like show¬ 
ing, order the claim to be paid, and the creditor 
shall also be entitled to his costs. The claims of 
one or more creditors may be united in such applica¬ 
tion, but the amount and specific nature of each 
claim must be fully stated. 

Rules Regarding Places Where Liquor Is Sold. 

Sec. 6. No payment of any money shall be made 
by a committee or candidate for the rent of any 
premises to be used as a committee room or head¬ 
quarters, or for holding a meeting, or for the pur¬ 
pose of promoting the election of a candidate, or 
on account of, or in respect to the conduct or man¬ 
agement of an election, where intoxicating liquors 
are sold for consumption on the premises, or where 
intoxicating liquor is supplied to members of any 
club, society or association ; provided, that nothing in 
this section shall apply to any part of such premises 
which is ordinarily let for the purposes of offices, 


292 


ELECTION LAWS. 


or for holding public meetings, if such part has a 
separate entrance and no direct communication with 
any part of the premises on which any intoxicating 
liquor or refreshment is sold or supplied as afore¬ 
said. 

Name of Printer. 

Sec. 7. Every bill, placard, poster, pamphlet or 
other printed matter having reference to an election, 
or to any candidate, shall bear upon the face thereof 
the name and address of the printer and publisher 
thereof, and no payment therefor shall be made or 
allowed unless such address is so printed. 

Act of 1893 Repealed. 

Sec. 8. An Act entitled “An Act to promote the 
purity of elections by regulating the conduct there¬ 
of, and to support the privilege of free suffrage by 
prohibiting certain acts and practices in relation 
thereto, and providing for the punishment thereof, * ’ 
approved February 23, 1893, and all other Acts and 
parts of Acts inconsistent with this Act are hereby 
repealed; provided, that no provision of this Act 
shall be construed so as to repeal any provision of 
Title IV of Part I of the Penal Code, entitled “Of 
Crimes Against the Elective Franchise. ” 

Penalty. 

Sec. 9. Any person offending against any of the 
provisions of this Act shall be guilty of a misde¬ 
meanor, and be dealt with as provided in the Penal 
Code. 

Who Is Competent Witness. 

Sec. 10. A person offending against any provis¬ 
ions of this Act is a competent witness against an¬ 
other person so offending, and may be compelled to 
attend and testify upon any trial, hearing, proceed¬ 
ing, or lawful investigation or judicial proceeding, 
in the same manner as any other person. If such 
person demands that he be excused from testifying 


ELECTION LAWS. 


293 


on the ground that his testimony may incriminate 
himself, he shall not be excused, but in that case the 
testimony so given shall not be used in any prose¬ 
cution or proceeding, civil or criminal, against the 
person so testifying, except for perjury in giving 
-such testimony, and he shall not thereafter be liable 
to indictment or presentment by information, nor to 
prosecution or punishment for the offense with refer¬ 
ence to which his testimony was given. No person 
shall be exempt from indictment, presentment by in¬ 
formation, prosecution or punishment for the offense 
with reference to which he may have testified as 
aforesaid when such person so testifying does so 
voluntarily or when such person so testifying fails 
to ask to be excused from testifying on the ground 
that his testimony may incriminate himself, but 
in all such cases the testimony so given may be 
used in any prosecution or proceeding, civil or crim¬ 
inal, against the person so testifying. Any person 
shall be deemed to have asked to be excused from 
testifying under this section unless, before any tes¬ 
timony is given by such a witness, the judge, fore¬ 
man or other person presiding at such trial, hearing, 
proceeding or investigation, shall distinctly read 
this section to such witness, and the form of the 
objection by the witness shall be immaterial if he 
in substance makes objection that his testimony 
may incriminate himself, and he shall not be 
obliged to object to each question, but one objection 
shall be sufficient to protect such witness from 
prosecution for any offense concerning which he 
may testify upon such trial, hearing, proceeding or 
investigation. 

Sec. 11. This Act shall take effect and be in 
force from and after its passage. 

VOTING MACHINES. 

.An Act creating a State Commission on voting or 
balloting machines, defining their powers, and 
providing* for the use at the option of indicated 


294 


ELECTION LAWS. 


local authorities of voting or ballot machines for 
receiving and registering the vote in one or more 
precincts of any county, or city and county, city 
or town, at any or all elections held therein, and 
for ascertaining the result at such elections; and 
providing for the punishment of all violations of 
the provisions of this Act. 

[Approved March 20, 1903; amended March 19, 
1907; amended April 21, 1911; amended Janu¬ 
ary 22, 1912.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Creation of State Commission on Voting—Approval 
of Machines. 

Section 1. 1. The Governor, Secretary of State 

and Attorney-General, and their successors in office 
are hereby created and constituted the State Com¬ 
mission on voting or ballot machines. It shall be 
the duty of said Commissioners to examine all vot¬ 
ing or ballot machines which may be offered for 
their inspection in order to determine whether such 
machines comply with the requirements of this act, 
and can safely be used by voters at elections under 
the provisions of this Act; and no machine or ma¬ 
chines shall be provided by the Board of Super¬ 
visors, or other board having charge and control of 
elections in each of the counties, and cities and 
counties, cities or towns of the State, unless the 
said machine or machines shall have received the 
approval of a majority of said Commission as herein 
provided. 

2. Any machine or machines which shall have the 
approval of a majority of said Commission may be 
provided for use at elections by the boards author¬ 
ized so to do under the provisions of this Act. The 
report of said Commission on each and every kind 
of voting or ballot machine shall be filed with the 
Secretary of State within thirty days after their 
examination of said machines, and the Secretary of 
State must within five days after the filing of any 


ELECTION LAWS. 


295 


■report approving any machine or machines, trans¬ 
mit to the Boards of Supervisors or other boards 
having charge and control of elections in each of 
the counties and cities and counties, cities or terms 
of the State, a list of the machines so approved. 

3. No machine or machines shall be used unless 
such machine or machines shall have received the 
approval of the State Commission at least ninety 
days prior to any election at which such machine or 
machines are to be used. 

4. For carrying out the previsions of this Act the 
members of the State Commission under this Act 
shall be allowed their actual necessary expenses. 

Supervisors or Other Board May Require Use Of. 

Sec. 2. The Board of Supervisors, or other board 
having charge and control of elections in each of 
the counties, and cities and counties, cities or towns 
of the State, may at any regular meeting, or at any 
special meeting called for the purpose, provide for 
and require the use of a voting or ballot machine, 
or machines for receiving and registering the vote 
at any or all elections held in such county, city and 
county, city or town, respectively, or in any one or 
more precincts thereof, and every such Board of 
Supervisors, or other board having charge and con¬ 
trol of elections in each of the counties, and cities 
and counties, cities or towns of the State, may 
determine upon and require the use of voting or 
ballot machines at any and all elections to be held 
within such county, city and county, city or town 
of the State, or in any one or more precincts thereof, 
and thereupon the voting or ballot machine or ma¬ 
chines so determined upon and required shall be 
used in voting for all public officers or candidates 
for nomination to public office, to be voted for 
by the voters of such counties, cities and counties, 
cities or towns of the State, or in the precinct or 
precincts thereof, for which the same shall have 
-been so deterfnined upon and required, and also in 
voting upon all amendments to the Constitution, 


296 


ELECTION LAWS. 


and upon all laws or propositions or questions which 
may be lawfully submitted to such voters, and for 
receiving and registering the votes cast at any and 
every such election. Any such board so authorized 
to provide for and require the use of a voting or 
ballot machine as hereinbefore specified, may, if the 
machine has been approved as in this act required, 
at its option resolve to provide and use only such 
a voting or ballot machine so constructed and ar¬ 
ranged that the voting or ballot machine will not 
permit of voting a straight party ticket, or for any 
candidate, by any other method than by turning or 
pushing the keys separately of each voting space, 
for each separate candidate voted for. Party nomi¬ 
nations may be designated by usual or reasonable 
abbreviation of party names. [Amendment ap¬ 
proved April 21, 1911; in effect immediately.] 

Provision for Purchase and Care Of. 

Sec. 3. In purchasing the necessary voting or 
ballot machines to be used at elections, as herein 
provided, the Boards of Supervisors of the several 
counties, and the Legislative bodies of the incor¬ 
porated cities and towns therein, may, by agree¬ 
ment, entered into by said Board of Supervisors 
and the legislative body of any incorporated city or 
town in such county, provide for the joint purchase 
and subsequent ownership thereof, and for the care, 
maintenance and use of the same. 

Requisites of Machine. 

Sec. 4. No voting or ballot machines shall be ap¬ 
proved by the said Board unless the same be so 
constructed as to provide facilities for voting for 
the candidates of as many different parties or or¬ 
ganizations as may make nominations for office and 
for and against as many different propositions or 
amendments as may be submitted, nor shall any 
such machine be approved unless the same will per¬ 
mit a voter to vote for any person for any office; 
it must enable the voter to vote and select a ticket 
all from the nominees of one party or a ticket 


ELECTION LAWS. 


297 


selected in part from the nominees of one party 
and in part from the nominees of any or all other 
parties, and in part from independent nominations, 
or in part or in whole of the names of persons not 
nominated by any party or upon any independent 
ticket; such machines must also secure to the voter 
privacy and secrecy in the act of voting; such 
machines must also be so constructed that a voter 
can not vote for a candidate or a proposition or 
amendment for whom or on which he is not lawfully 
entitled to vote, also to prevent voting for more 
than one person for the same office, except in cases 
where the voter is lawfully entitled to vote for 
more than one person for the same office, in which 
event they must enable the voter to vote for as 
many persons for that office as he is by law entitled 
to vote, and no more; they must also prevent his 
voting more than once for the same person for the 
same office; and allow of his reversing his vote in 
case of mistake or desire to change; and such ma¬ 
chines must be so constructed that all votes cast 
for any person voted for, or for or against any 
proposition or amendment submitted to the voters 
shall be accurately registered or recorded, and any 
machine to be approved by said Board must be of 
such kind, style or pattern as will permit the exer¬ 
cise by each voter of the full right and privilege 
of his elective franchise under the Constitution 
and laws of this State. All voting machines ap¬ 
proved by the State Commission shall have a sepa¬ 
rate voting device for each candidate appearing 
on the ballot. Such machines may also have thereon 
a straight ticket device for each of the parties for 
voting a straight ticket vote for candidates of such 
party; but if so equipped with separate straight 
ticket voting devices, such separate straight ticket 
voting device must be locked out of operation. 
Machines which have been approved with such 
straight ticket mechanism thereon may be used in 
elections with such mechanism rendered inopera¬ 
tive. and machines with such straight ticket mech¬ 
anism entirely removed therefrom, or machines 


298 


ELECTION LAWS. 


which omit a party designation of candidates by 
column or line which have been approved, may be 
used in such elections, and the omission, removal, 
or locking out of operation of such straight voting 
mechanism from the machine that has otherwise 
been approved by the commission, need not require 
a further examination and approval of a machine 
of that type. 

The ballot at any election, whether general, pri¬ 
mary, municipal, or otherwise, shall be arranged 
upon the voting machine as to the order of offices, 
order of candidates’ names, and in other respects 
for such election, as required by the law prescribing 
the form and order of the ballot for such election; 
provided, however, that blank spaces for the writing 
in of the names of candidates or delegates or per¬ 
sons to be voted for, whose names are permitted 
to be written upon a ballot or pasted thereon by 
adhesive substance, under the law prescribing the 
form of the ballot, for the election, need not fol¬ 
low in the same order or place or places, upon a 
voting machine, as is prescribed in the law prescrib¬ 
ing the form of ballot for the election, if the said 
voting machine be so constructed and capable of 
operation that all persons who by the law pre¬ 
scribing the form of ballot for the election are 
entitled to be voted for by writing in the name 
of such person, or pasting thereon the name of such 
person by adhesive substance, may be voted for 
by and upon said voting machine, and such votes 
counted and returned as fully, correctly and effectu¬ 
ally as might have been done by the use of the 
form of ballot prescribed by law for the election, 
in case no voting machine had been used. The bal¬ 
lot may be placed upon the machine so the col¬ 
umns will extend either vertically or horizontally, 
if in all other respects save as to the said blank 
spaces the ticket is in the form and order which 
would exist if the election were held by ballot and 
without a voting machine. [Amendment approved 
January 22, 1912; in effect March 24, 1912.] 


ELECTION LAWS. 


299 


Number of to Be Used. 

Sec. 5. The Board of Supervisors or other board 
having charge and control of elections adopting a 
voting or ballot machine shall, as soon as prac¬ 
ticable thereafter, provide for such polling place 
or places, as they may determine, one or more 
voting machines in complete working order and also 
such other accessories as may be required for the 
practical working of the machine and shall there¬ 
after preserve and keep the machines in repair, and 
shall have custody of the furniture and equip¬ 
ment. If it shall be impracticable to supply each 
and every election precinct with a voting or ballot 
machine or machines at any election following such 
adoption, as many may be supplied as it is prac¬ 
ticable to procure, and the same may be used in 
such election precincts within the county, or city 
and county, city, or town, as the board having con¬ 
trol may direct. Where the board having charge 
ana control of elections, is not the board having 
control of appropriations of money generally for 
the territory, but receives its appropriation from 
the board of supervisors, or board having control 
of appropriations of money generally for the terri¬ 
tory, then and in such event the board of super¬ 
visors or board having control of appropriations of 
money generally for the territory represented by 
such board so having charge and control of elec¬ 
tions, shall have exclusive power to purchase or 
otherwise provide voting or ballot machines for use 
in such territory. The board of supervisors or 
board having control of the finances of any county, 
city and county, or political subdivision, shall have 
power to sell, lease, alter, exchange, or otherwise 
at its discretion dispose of any voting machine or 
voting machine appliances owned by such county, 
or city and county. [Amendment approved April 
21, 1911; in effect immediately.] 

Stationery and Instructions—When to Be Delivered. 

Sec. 6. The county clerk, registrar of voters, or 
city or town clerk, as the case may be, shall not 


300 


ELECTION LAWS 


Jater than twenty-four hours next preceding the 
eiection, cause to be delivered to one of the inspec¬ 
tors of election, duly appointed, at his residence,, 
all necessary supplies, stationery, blank forms, poll 
and tally lists, and instructions to voters, necessary 
and proper to the conduct of the election and to 
the counting and canvassing of the votes, and the 
return thereof, which forms, blanks, lists, and other 
stationery shall have been previously prepared by 
the said county clerk, registrar of voters, or city 
or town clerk, as the case may be, in such manner 
as to be adapted to the conducting and returning of 
such election by such voting or ballot machines as 
are used at the election. The supplies previously 
mentioned to be delivered to such inspector, shall, in 
addition to all other necessary forms, lists, or 
blanks, include one card stating the penalty for 
tampering with or injuring a voting machine; two 
seals for sealing voting machines; one envelope in 
which the keys to the voting machine are sealed, 
said envelope to have printed or written thereon 
the number and location of the election precinct 
in which the machipe is to be used, the number of 
the machine, the number shown on the protective 
counter thereof, after the machine has been pre¬ 
pared for the election, and any designation that 
may be on such seal as the machine is sealed with. 
Said envelope to have attached to it a detachable 
receipt for the delivery of the keys of the voting 
machine to the inspector of the election at his resi¬ 
dence; one envelope in which the keys to the voting 
machine can be returned by the inspectors after the 
election; one card stating the name and telephone 
address of the superintendent for the day of elec¬ 
tion; two diagrams of the voting face of the ma¬ 
chine as appears after the ballot label showing the 
titles of the offices and the names of the candidates, 
and statement of propositions, together with the 
voting indicators for each, shall have been inserted 
in the voting machine, and also suitable printed 
instructions for the guidance of the board of elec¬ 
tion. [Amendment approved April 2, 1911; in ef¬ 
fect immediately.] 


ELECTION LAWS. 


301 


Voting Machine Instruction to Be Given to Election 

Officers. 

Sec. 7. At least twenty days before any election, 
other than a special election, at which voting ma¬ 
chines are to be used in any political subdivision, 
the county clerk, registrar of voters, or city or town 
clerk, as the case may be, shall designate one or 
more deputies, to be provided by the board having 
charge and control of elections, who are competent 
for the purpose, as voting machine instructors, and 
shall cause one or more voting machines of the 
type to be used at the election, to be set up in his 
office, for the purpose of having such voting machine 
instructors give instructions to persons applying to 
serve as election officers at the ensuing election, and 
shall also publish notice in one or more daily or 
weekly newspapers, in such political subdivision, if 
any is there published, stating that instruction will 
be given at such office (stating the location thereof) 
as to the use of voting machines, to all persons 
otherwise qualified, who shall apply to serve as elec¬ 
tion officers, at the ensuing election, and requesting 
qualified persons to attend at such office and apply 
to serve, and take such instructions. Such notice 
may also be sent by mail to all such persons as the 
said county clerk, registrar of voters, or city or 
town clerk, may deem likely to take the same. Such 
voting machine instructors shall give such instruc¬ 
tions to those who apply (subject to the control of 
the clerk or registrar of voters, that too great a 
number from a given precinct need not be in¬ 
structed) and shall report the result to such clerk or 
registrar of voters, and such clerk or registrar of 
voters, if satisfied with the report, may issue a cer¬ 
tificate of competency to such person, and shall 
enter the name of such person in the proper book, 
by precincts, with the residence of such person, and 
the date of certificate of competency, and mail such 
certificate to such person at the address shown by 
his application or registration. In making up a 
recommendation of names of persons suitable for 
election officers, the clerk or registrar of voters 


302 


ELECTION LAWS. 


shall, where the person is otherwise qualified and 
able to serve, prefer the persons in each precinct, 
who have received such a certificate, and the per¬ 
sons thus shown in such recommendation shall be 
appointed as election officers in the proper precincts, 
and unless they fail to appear and be sworn or are 
excused for cause, by the clerk or registrar of voters, 
shall serve as an election officer at the election. 
[Amendment approved June 11, 1913.] 

Duties of Election Board. 

Sec. 8. The Precinct Board of Election of each 
precinct shall meet at the polling place therein, 
at least one hour before the time set for the open¬ 
ing of the polls at each election, and shall proceed 
to arrange within the guard-rail the furniture, sta¬ 
tionery, and voting or ballot machine for the con¬ 
duct of the election. The Inspectors of Election 
shall then and there have the voting or ballot ma¬ 
chine, instructions to voters, and stationery re¬ 
quired to be delivered to them for such election. 
The Inspectors shall thereupon cause at least two 
instruction cards to be posted conspicuously within 
the polling place. They shall see that the model, 
if such model is furnished, is placed where each 
voter can conveniently operate it and receive in¬ 
structions thereon as to the manner of voting before 
entering the machine. They shall post one diagram 
inside the polling room and one outside, in places 
where the voters can conveniently examine them. 
They shall see that the lantern or other means pro¬ 
vided for giving light is in such a condition that the 
voting machine is sufficiently lighted to enable 
voters to readily read the names on the ballot 
labels. They shall see that the ballot labels are 
in their proper places on the machine. They shall 
open the counting compartment of the voting ma¬ 
chine in the presence of the public and the members 
of the board of election, before the opening of 
the polls, and inspect the recording dials of such 
machine, and see that each counter number on each 
dial for a candidate, is set at zero (000) and make 


ELECTION LAWS. 


303 


a certificate substantially in the form hereinafter 
provided. If any counter number upon such dial 
for any candidate is found not to register zero 
(000), a statement of the actual register of such 
counter number, together with the designating num¬ 
ber of said dial and letter, shall be made and signed 
by the election board as to every such dial number 
so found registered above zero (000). In such 
event, in each separate case, the number so found 
above zero (000) upon the dial of any particular 
candidate must be deducted from the total vote of 
such candidate as shown upon that counter number 
at the close of the polls. The tally sheet shall have 
plainly printed thereon, so as to occupy an entire 
page thereof, a statement and certificate substan¬ 
tially in the following form: 

Notice to Election Officers. 

The board of election shall before opening the 
polls, open the counting compartment of the voting 
machine in the presence of the public and the mem¬ 
bers of the board of election, and inspect the record¬ 
ing dials of such machine, and see that each counter 
number on each dial for a candidate, is set at zero 
(000) and make a certificate substantially in the 
form below provided. If any counter number upon 
such dial for any candidate is found not to register 
zero (000), a statement of the actual register of 
such counter number, together with the designating 
number of such dial, and letter, shall be made and 
signed by the election board as to every such dial 
number so found registered above zero (000). In 
such event in each separate case, the number so 
found above zero (000) upon the dial of any par¬ 
ticular candidate, must be deducted from the total 
vote of such candidate, as shown upon that counter 
number at the close of the polls. 

Certificate. 

We, the undersigned members of the election 

board of election precinct No. hereby 

certify that the following statement is a correct 
statement of all counter number dials, upon the 



.304 


ELECTION LAWS. 


voting machine or machines used at said precinct, 
which were found to have the counter number upon 
any dial thereon, register above zero (000), as found 
by an examination and inspection made by said 
•election board at said precinct before the opening 
of the polls and in the manner provided by law, 
and that the name of each candidate affected there¬ 
by, is hereinbelow respectively and separately 
stated, together with each such separate dial num¬ 
ber and each such separate letter of such respective 
dial, and the number so registered above zero (000), 
upon any such respective counter dial, and also the 
number of votes shown upon any such respective 
•counter dial, at the close of the polls, together with 
the total vote received by any such candidate so af¬ 
fected, after deducting from such total vote the 
number so found registered above zero (000) upon 
the counter number dial of such respective candi¬ 
date or candidates: 


Name. 

Dial number. 

Letter. 

Counter register at 
opening of polls 
above zero (000). 

Counter register at 
close of polls. 

Total vote 
received. 


























Inspector. 
Inspector. 
Judge. 
Judge. 

[Amendment approved April 21, 1911; in effect 
immediately.] 


Signed: 






















ELECTION LAWS. 


305 


Machine—How to Be Placed. 

See. 9. The exterior of the voting or ballot ma¬ 
chine and every part of the polling place shall be in 
plain view of the election officers and public. The 
voting or ballot machines shall be placed at least 
three feet from every wall and partition of the poll¬ 
ing place, and at least three feet from the guard¬ 
rail. A guard-rail shall be constructed at least 
three feet from the machine, with openings to admit 
electors or officers of election to and from the ma¬ 
chine. 

Voting—How Conducted. 

Sec. 10. After the opening of the polls, the in¬ 
spectors shall not allow any voter to pass within 
the guard-rail until they ascertain that he is duly 
entitled to vote. Before each voter enters the vot¬ 
ing machine, the inspectors of election shall, so far 
as possible, inform him how to operate the ma¬ 
chine, and illustrate same upon the model of the 
machine, if any be furnished, and call his attention 
to the diagram. If any voter shall, after entering 
the voting machine, ask for information regarding 
its operation, the inspectors of election shall give 
him such necessary information. The operation or 
voting by an elector, while voting, shall be secret 
and obscured from all other persons except as pro¬ 
vided in cases of voting by assisted electors. At 
any election at which the number of officers to be 
elected plus the number of propositions or amend¬ 
ments to be voted on shall together make a total of 
fifteen or less, no voter shall remain within the 
voting or ballot machine booth longer than two 
minutes, and if he shall refuse to leave it after the 
lapse of two minutes, he may be removed by the 
inspectors. At any election at which the number of 
officers to be elected plus the number of proposi¬ 
tions or amendments to be voted on shall together 
make a total of more than fifteen, no voter shall 
remain within the voting or ballot machine booth 
longer than three minutes, and if he shall refuse 
to leave it after the lapse of three minutes he 


306 


ELECTION LAWS. 


may be removed by the inspectors. The inspectors 
of election shall occasionally examine the face of 
the machine and the ballot labels to determine if 
same have been injured or tampered with. No vote 
east in the irregular or blank column shall be 
counted for a person whose name is printed upon 
the ballot or face of the machine as a candidate for 
the same office for which he is voted in the 
irregular or blank column. All voters in the polling 
place or standing in line entitled to vote, at the 
hour for closing the polls, must be permitted to 
vote. [Amendment approved April 21, 1911; in ef¬ 
fect immediately.] 

Result—Declaration Of. 

Sec. 11. As soon as the polls of the election are 
closed the Inspectors of Election thereat shall im¬ 
mediately lock the voting or ballot machine against 
voting, and, in the presence and full view of the 
public who may be lawfully within the polling place, 
proceed to demonstrate and declare the result of 
such election as registered or recorded or received 
by the machine (subject to any legal deductions 
made under the provisions of section 8 of this act), 
in the following manner: One of the inspectors 
shall under the scrutiny of the other inspector, of a 
different political party, in the order of the offices 
as their titles are arranged on the machine, com¬ 
mencing with the first party or top column, or com¬ 
mencement of the ticket as arranged, announce in 
distinct tones to the clerks of election, the designat¬ 
ing number and latter of each counter, and the vote 
registered thereon, and the clerks of election shall 
correctly record each announcement so made upon 
separate respective tally sheets provided for that 
purpose, before another announcement is made by 
the inspector. The said inspector shall then in like 
manner announce the vote recorded for each office 
on the irregular ballot, and the election clerks shall 
in like manner record the same. The inspector shall 
then also in like manner announce the vote on each 
question or proposition submitted at the election. 


ELECTION LAWS. 


307 


and the clerk shall in like manner record the same. 
The canvass of each office shall be completed before 
proceeding to the next, and the vote as announced 
shall be written by the clerks in ink on the two 
tally lists provided therefor in the same order. 
After completing and writing down the canvass, in 
the manner aforesaid, the inspectors of election 
shall verify the same by comparing the figures on 
the tally lists with the figures on the counters in 
the machine, and the names recorded on or in the 
device for voting for persons not nominated, and 
also with the result registered on the machine as to 
the vote upon questions or propositions, and in mak¬ 
ing such comparison and verification, one of the in¬ 
spectors shall again distinctly announce and recall 
aloud the vote registered upon each counter. The 
board of election shall then certify in the appropri¬ 
ate place on the tally list, as to the number of 
voters that voted at the election, as shown by the 
poll lists, and by the number registered on the 
public counter, and the number registered on the 
protective counter, and the number or other desig¬ 
nating mark on the seal with which the machine has 
been sealed, together with other information regard¬ 
ing the machine as provided on the tally list. The 
counter compartment of the voting machine shall 
remain open until the tally list and all other re¬ 
ports have been fully completed and signed, after 
which they shall lock the counter compartment and 
deliver the keys thereof in a sealed envelope to the 
county clerk, registrar of voters, or city or town 
clerk, as the case may be. [Amendment approved 
April 21, 1911; in effect immediately.] 

Records to Be Preserved. 

Sec. 12. The inspectors of election shall, as soon 
as the result is fully ascertained and declared, as 
in the preceding section required, lock the machine 
so that the record of each election shall be pre¬ 
served for the period of six months following such 
election, except in cases where the machine is re¬ 
quired for use in a subsequent election during such 


308 


ELECTION LAWS. 


period, in which case the Board of Supervisors or 
other board having charge and control of elections 
shall inspect the registering or recording and re¬ 
ceiving device of the machines and file a report of 
said inspection with the County Clerk or Registrar 
of Voters. Said report of said board when so cer¬ 
tified and filed shall be prima facie evidence of the 
vote at such election. Any supplementary or dupli¬ 
cate record of an election, which may be furnished 
by a machine, shall be preserved by the County 
Clerk or Registrar of Voters for one year following 
such election. Whenever either House of the Legis¬ 
lature shall by resolution, adopted and entered upon 
its journal, direct that any standing or special com¬ 
mittee of such House, shall be empowered to open 
and examine any voting machine or voting machines 
which were used at any election held within six 
months before the passage of such resolution, the 
committee of such House so empowered and author¬ 
ized shall have the power and authority by its 
resolution in writing to order any such machine or 
machines to be opened, inspected or examined in 
any manner which such committee shall prescribe. 
If the opening of such a machine or machines be 
for the purpose only of counting or recounting the 
votes cast or registered at said election in a contest 
pending before such House, then and in such event 
the opening thereof and such count or recount must 
be made in the presence of said committee, or its 
sub-committee duly designated by its resolution in 
writing for such purpose. If the opening of such 
machine or machines be for any other purpose or 
for the investigating of the mechanism and manner 
of operation of a machine or machines, or for de¬ 
termining or reporting upon the mode of its opera¬ 
tion, or its nature as a safe mechanical appliance 
for the receiving and registration of the votes of 
electors, then the committee must by its resolution 
in writing specify the person or persons who are to 
make such mechanical or expert inspection, and the 


ELECTION LAWS. 


309 


place where and the time when such inspection is 
to commence, and may, if it deem proper, limit 
the duration of such inspection, and fix the place 
where the same is to be made, and state whether 
the same is to be made in the presence of the said 
committee, or of its duly appointed sub-committee, 
or of any other person or persons to be named by said 
committee. Every person employed or permitted to 
take part in any such inspection of such a machine 
or machines, or in whose presence said inspection 
occurred, may be required to attend and testify as 
a witness before such committee if required, and 
be subject to the subpoena of such committee. If 
such machine or machines be opened under the pro¬ 
visions of this section by order of such committee, 
the said committee, or its sub-committee duly ap¬ 
pointed, shall immediately, upon opening the doors, 
or the opening to the dial or place where the votes 
thereon are registered, which were cast at the last 
election, take off in writing the complete record of 
votes for all candidates which are recorded or reg¬ 
istered upon or by said machine, and certify the 
same to be true and correct, with the date of such 
certificate, and place the same in an envelope, and 
seal the same in the manner required for sealing 
election returns, and make an endorsement upon 
the outside of such envelope stating the number of 
the machine whose record is enclosed, and forthwith 
file the same with the County Clerk, or Registrar 
of Voters, of the county, or city and county, where 
such election was held, who shall receive and keep 
the same with the other returns of the said election 
in his office for the period of twelve months from 
the date of said election, and such record shall in 
any court having jurisdiction of an election contest 
be prima facie evidence of its contents in any case 
where the vote upon such a machine or machines 
might have been recounted by the court if such 
machine or machines had not been previously opened 
or the result thereof in any manner affected. Im- 


310 


ELECTION LAWS. 


mediately upon the conclusion of such investiga¬ 
tion, examination and inspection of such machine 
or machines, the same shall be again securely locked 
by the Clerk, or Eegistrar of Voters, or the said 
committee or its sub-committee, and the keys there¬ 
of returned to the officer entitled to possession of 
the same under the provisions of this Act, and shall 
not be again opened except in accordance with the 
provisions of this Act. One voting machine of each 
kind or pattern may be taken by such committee 
or upon its order, and upon its receipt therefor, to 
the City of Sacramento, or the State Capital, and 
there kept under the directions of such committee, 
but no such machine shall be so taken or transported 
without the consent of the owner thereof, unless 
the same be the property of a city, county, or city 
and county, or other political subdivision of the 
State. If such committee shall permit such a ma¬ 
chine or machines to be taken apart, then and in 
such event the said committee shall cause the same 
to be restored and properly put together again, be¬ 
fore or at the termination of its investigation, and 
to be returned by order of such committee, and at 
the expense of the State, to the place from which 
it was taken. If any such machine or machines be 
taken to Sacramento, or the State Capital, under 
the provisions of this section, and the Legislature 
shall adjourn sine die, without such machine or ma¬ 
chines having been so restored and returned by such 
committee, then and in such event the Secretary of 
State shall forthwith, upon such adjournment, take 
charge of such machine or machines, and cause the 
same to be properly restored and returned to the 
place or places respectively from which the same 
were taken, and the expense thereof shall be a 
charge against the State, and a written demand 
therefor, verified by the Secretary of State, must be 
allowed by the Controller by his endorsement of 
allowance thereon, and thereupon, upon presenta¬ 
tion, the same shall be paid to the Secretary of 


ELECTION LAWS. 


311 


State by the State Treasurer out of any funds of 
the State not otherwise appropriated. Any voting 
machine used at an election may, within six months 
from the date of such election, in any election con¬ 
test, or action in the nature of quo warranto in any 
court of this State having jurisdiction thereof, be 
opened by order of such court and in its presence, 
for the purpose of recounting the vote involved in 
such election contest, under the same rules and 
conditions that apply to the opening of packages of 
sealed ballots and the recounting of the same, and 
must be forthwith locked again as soon as the result 
■upon each machine is tallied, and in the presence of 
the said court. [Amendment approved March 19, 
1907.] 

Misconduct at Elections. 

Sec. 13. The provisions of the law relating to 
misconduct at elections shall apply to elections with 
voting or ballot machines. 

Election Precincts. 

Sec. 14. Where voting machines are used the pre¬ 
cincts shall be established or created in the manner 
provided by sections 1127, 1128, 1129 and 1130 of 
the Political Code of the State of California. 
'[Amendment approved June 11, 1913.] 

Official Ballots. 

Sec. 15. The list of candidates used or to be 
used on the voting or ballot machine shall be 
deemed an official ballot under this Act for an elec¬ 
tion precinct in which a voting or ballot machine is 
used, pursuant to law. The word ‘‘ballot’ as 
used in this act, (except when reference is made to 
independent ballots) means that portion of the 
cardboard, or paper, or other material within the 
ballot frames, containing the name of the candidate 
for office, or a statement of a proposed constitu¬ 
tional amendment, or other question or proposition 


312 


ELECTION LAWS. 


with the word “for” or the word “against,”’ or 
“yes” or “no.” 

Sec. 1142, Pol. Code, Applies. 

Sec. 16. The provisions, of section 1142 of the 
Political Code shall apply where voting or ballot 
machines are used pursuant to this act, provided 
however, that at any precinct or polling place where 
two voting machines are used, two additional clerks 
of election shall be appointed for service at such 
polling place, for the election. In any city, or city 
and county, or county, where voting machines are 
to be used at any election, or where voting machines 
are owned, the board having charge and control of 
elections may, by a majority of such board adopt a 
resolution to be entered in its minutes, provide for 
a superintendent as herein provided, and may there¬ 
upon select and appoint a superintendent for'' the 
care, repair, adjustment, arrangement, testing, and 
preparation of voting or ballot machines. Such per¬ 
son must be a skilled machinist familiar with the 
arrangement, adjustment, and mechanism of voting 
machines, and shall, before his appointment, be ex¬ 
amined by the board having control of elections, as 
to his competency in these respects. His appoint¬ 
ment must also, where made for a territory wholly 
included within any city, or city and county, be ap¬ 
proved by the mayor of any such city, or city and 
county, who shall also have the right to examine such 
person as to his competency. Said superintendent 
shall be considered a public officer, and shall hold 
office under such appointment until removed by the 
board having charge and control of elections, for 
cause, and by an order in writing entered in its 
minutes, after giving such superintendent an oppor¬ 
tunity to be heard, which order of removal, shall 
be final and conclusive, and not subject to review. 
In any city, county, or city and county, which at 
the last general election therein, had a registration 
of voters exceeding seventy thousand, the said 
board having control of elections may fix the com¬ 
pensation of such superintendent at a sum not to 


ELECTION LAWS. 


313 


exceed the rate of fifteen hundred dollars per year, 
payable monthly, and may, by the resolution of ap¬ 
pointment, provided such appointment is made by 
the year, provide that the services of such superin¬ 
tendent shall be given exclusively to said board 
while he remains in its employ, or under such ap¬ 
pointment. Unless such appointment is made by the 
year and in the manner last mentioned in such a 
city, county, or city and county, and in any event 
in all other cases and places, such superintendent so 
appointed pursuant to this act shall receive a com¬ 
pensation at the rate of ten dollars per day, for 
every day he shall be actually employed; provided 
however, that in any such place where his compensa¬ 
tion is fixed by the day under this act, the board 
having control of elections may fix his compensa¬ 
tion at a lesser sum when he is employed merely as 
caretaker of such voting machines. Such superin¬ 
tendent must file his acceptance of the appointment 
with the board having charge and control of elec¬ 
tions, within five days after notice of his appoint¬ 
ment, and before entering upon his duties, shall take 
the oath of office prescribed by the constitution of 
this state for public officers, which oath may be 
taken by and filed with the county clerk, or regis¬ 
trar of voters, and file a bond in a sum to be fixed 
by the board having charge and control of elections, 
and not less than ten thousand (10,000) dollars, in 
a city and county, conditioned for the faithful per¬ 
formance of the duties of his office, with surety and 
to be approved and recorded as may be required for 
other officers of such city, or city and county, and 
it shall be his duty to care for, keep in repair, ar¬ 
range, adjust, test, and prepare all voting machines 
for complete and correct operation at any election 
in the political subdivision for which he is ap¬ 
pointed. All such voting or ballot machines shall 
be by him or under his direction, arranged, adjusted 
and prepared for correct operation at any election in 
accordance with the provisions of the law of this 
state, and in accordance with the mechanism and 
rules for the adjustment and correct operation of 


314 


ELECTION LAWS. 


such voting machines. The county clerk, registrar 
of voters, or city or town clerk, as the case may be, 
shall deliver to such superintendent for his guid¬ 
ance, a copy of any written or printed instructions 
which may be furnished by the person or corpora¬ 
tion which manufacture the voting machines in use 
in such political subdivisions. The board having 
charge and control of elections may also select and 
employ any additional persons, as assistants, to such 
superintendent, in the performance of his duties, and 
may fix and allow the compensation to be paid to 
said assistants. The said superintendent of voting 
machines shall, not later than the day previous to 
the day of election, file with the clerk, or registrar 
of voters, his affidavit specifying the voting ma¬ 
chines by number, that have been adjusted for use 
at such election, and stating that every one of such 
machines have been so adjusted, that each and every 
of its counters, which register the votes cast for 
candidates, are adjusted at zero (000), and that in 
every other respect, each and every voting machine 
is adjusted in accordance with the requirements of 
the law of the state, and according to the mechanism 
and rules for the adjustment and correct operation of 
such voting machines. Where any court, or justice, 
or judge of any court, shall make an order or judg¬ 
ment, or otherwise direct any change, alteration, 
or modification, to be made in the ballot labels to 
be used upon any voting or ballot machine, after the 
sample ballots have been printed, it shall not be 
necessary to print or distribute new sample ballots. 
[Amendment approved April 21, 1911; in effect im¬ 
mediately.] 

Ballot Machines Must Be Tested and Sealed Before 

Election. 

Sec. 16a. Within not more than thirty-five* nor 
less than twenty-five days, before the holding of any 
election in any county, city and county, city or town, 
at which is to be used voting or ballot machines, un¬ 
der the provisions of this act, the county clerk, 
registrar of voters, or city or town clerk, as the 


ELECTION LAWS. 


315 


case may be, shall fix a day, which shall not be more 
than twenty days, nor less than five days, before the 
date of such election, upon which the voting or bal¬ 
lot machines to be used at such election shall be 
examined, tested and sealed as hereinafter provided. 
At least twenty days before an election in any po¬ 
litical subdivision where voting machines are to be 
used in one or more precincts of such subdivision, 
under and pursuant to the law of this state, it shall 
be the duty of the county clerk, registrar of voters, 
or city or town clerk, as the case may be, to notify 
in writing, by mail, with postage prepaid, the chair¬ 
man or secretary of the executive or central com¬ 
mittee of any political party or organization for 
the territory, the membership of which may have 
made nominations of candidates to be voted for at 
such election, or of any political party whose party 
name is lawfully used as a designation by a candi¬ 
date, that it may appoint representatives of such 
political party wlio shall be authorized to attend and 
observe the final adjustment, testing and sealing of 
such ballot machines, and thereupon it shall be the 
right of such committee to appoint as many repre¬ 
sentatives, not to exceed three for each political 
party or organization, as it may see fit to select for 
such purpose, and to issue certificates of such ap¬ 
pointment to such representatives, by the secretaries 
of such committees or organizations, respectively. 
Such notice shall also name and specify the date and 
place where such examination, testing and sealing of 
such machines will commence, and that the same 
will continue, if necessary, at said place from day to 
day until completed. The committee or organization 
empowered to appoint such representatives, shall im¬ 
mediately upon making such appointment, notify the 
said representative or representatives so appointed, 
respectively, of such appointment and of the time 
and place where such examination, testing and seal¬ 
ing, of such voting or ballot machines will com¬ 
mence, and shall also forthwith, send to the said 
county clerk, registrar of voters, or city or town 
clerk, as the case may be, the name and full address 


316 


ELECTION LAWS. 


of each such representative appointed. Thereafter, 
at the time specified in such notice, and until the 
completion thereof, the said representative or repre¬ 
sentatives shall be entitled to attend and observe 
the final adjustment, testing and sealing of such 
voting machines, under the directions of the board 
of election commissioners, or of the superintendent 
provided for by this act, and such adjustment, test¬ 
ing and sealing shall proceed in the presence of as 
many of said representatives as shall assemble to 
observe and view the same, and a full and complete 
opportunity shall then and there be given by such 
superintendent and his assistants, to such represen¬ 
tatives to observe the processes by which such ad¬ 
justment, testing and sealing, is performed, and to 
see that the said voting machines are so adjusted 
that each counter is set at zero (000), and without 
any vote registered thereon for the advantage of 
any party or candidate or otherwise. When the 
said machines are so sealed they shall not be un¬ 
sealed again except by the precinct election boards 
on the day of election, to the extent necessary for 
the proper and lawful conduct of the election. Any 
candidate may attend in person or appoint in writ¬ 
ing signed by such person, a representative to at¬ 
tend, with all the rights and privileges provided by 
this section. [New section approved April 21, 
1911; in effect immediately.] 

General Laws Govern. 

Sec. 17. All laws and parts of laws of this State 
relating to elections and prescribing the powers and 
duties of election officers, shall, so far as applicable 
to the use of voting or ballot machines, remain in 
full force and effect; and all laws and parts of laws 
inconsistent herewith, shall not be applicable in 
each county, city and county, city or town election 
precinct wherein such voting or ballot machines are 
used, pursuant to this act, so long as such voting 
or ballot machine or machines shall be used therein, 
and nothing in this act contained shall be construed 
as repealing any existing law or authorizing any 


ELECTION LAWS. 


317 


deviation or omission therefrom, except as provided 
for or set forth herein. 

Willful Violation to Be Punished. 

Sec. 18. Any willful violation of any provision 
of this act or any willful injury to any voting or 
ballot machine tending to injure its effectiveness or 
to change the true expression given by the voters 
at any election shall be a felony and punishable as 
such, in accordance with the provisions of the Pena) 
Code of the State. 

Sec. 19. This act shall take effect immediately. 


An Act supplementary to an Act entitled “An A«t 
creating a State Commission on voting or ballot¬ 
ing machines, defining their powers and providing 
for the use at the option of indicated local author¬ 
ities of voting or ballot machines for receiving 
and registering the vote in one or more precincts 
in any county or city and county, city or town, 
at any or all elections held therein; and for ascer¬ 
taining the result of such election; providing for 
the punishment of all violations of the provisions 
of this Act,” approved March 20, 1903, and pro¬ 
viding for the testing and inspection of such ma¬ 
chines. 

[Approved March 19, 1907.] 

The People of the State of California, represented 
in Senate and Assembly, do enact as follows: 

Voting Machines Shall Be Tested, Examined and 
Sealed. 

Section 1. Within not more than thirty nor less 
than twenty days before the holding of any elec¬ 
tion in any county, city and county, city or town, at 
which is to be used voting or ballot machines 
adopted under the provisions of the Act referred 
to in the title of this Act, the County Clerk or 
other officer having control of such election in 



318 


ELECTION LAWS. 


such county, city and county, city or town, shall 
fix a day, which shall not be more than fifteen days 
nor less than five days before the date of such 
election, upon which the voting or ballot machines 
to be used at such election shall be examined, 
tested and sealed as hereinafter provided. 

Party Representatives to Be Notified of Test. 

Sec. 2. At least twenty days before an election 
in any political subdivision where voting machines 
are to be used in one or more precincts of such 
subdivision, under and pursuant to the law of this 
State, it shall be the duty of the Board of Election 
Commissioners or other body having charge and 
control of such election to notify in writing by mail, 
with postage prepaid, the chairman or secretary of 
the executive or central committee of any political 
party or organizations for the territory which may 
have made nominations of candidates to be voted for 
at such election, that it may appoint representatives 
of such political party who shall be authorized to 
attend and observe the final adjustment, testing and 
sealing of such ballot machines, and thereupon it 
shall be the right of such committee to appoint as 
many representatives as it may see fit to select 
for such purpose, and to issue certificates of such 
appointment to such representatives by the secre¬ 
tary of such committees, respectively, which shall 
forthwith send a list of such representatives, with 
the name of the political party or organization for 
which they are selected, and the name of each rep¬ 
resentative, with his full address, adding street and 
number, to the said Board of Election Commission¬ 
ers or other body having charge and control of such 
election. If any political party or organization which 
has made nominations shall not have any chairman 
or secretary of such committee, or the name and ad¬ 
dress of such chairman or secretary shall not appear 
in its nomination papers, then the said Election 
Commissioners may send the notice above required 


ELECTION LAWS. 


319 


to any person named in its nomination papers as the 
person to whom the certificate of nomination may 
be returned. Such Board of Election Commissioners 
shall thereafter, and at least five days before the 
time therefor, send written notice, with postage pre¬ 
paid, to each such representative of a political party 
or organization which has so been filed in its office, 
with the address of such representative; which no¬ 
tice shall state the time and place before such elec¬ 
tion where such representatives are invited to at¬ 
tend, to observe the final adjustment, testing and 
sealing of such voting machines, and thereafter at 
*uch time and place the final adjustment, testing 
and sealing of such voting machines, under the di¬ 
rections of such Board of Election Commissioners, 
shall proceed in the presence of as many of said rep¬ 
resentatives as shall assemble to observe and view 
the same, a full and complete opportunity shall then 
and there be given to such representatives to observe 
the processes by which such adjustment, testing and 
sealing is performed, and to see that the said ma¬ 
chines are set at zero, and without any vote regis¬ 
tered thereon for the advantage of any party or 
candidate or otherwise. When the said machines 
are so sealed they shall not be unsealed again, ex¬ 
cept by the precinct, election board on the day of 
election and except for trial as to their correctness 
after transportation to the various booths or polling 
places, at which places such trial may be made as 
the Boacd of Election Commissioners or body hav¬ 
ing control of the elections shall direct, to see if 
any machine has become in any way disarranged 
during transportation to the polling place, and a 
seal necessary to such investigation may be broken 
or any work performed that may be necessary to 
put any machine in any such polling place in com¬ 
plete working order for such election, and the repre¬ 
sentatives aforesaid shall have the right to attend 
at any and all polling places for the purpose of 
viewing and observing any such unsealing arrange- 


320 


ELECTION LAWS. 


ment and resealing, which final work shall take 
place not later than the day before the election, 
nor earlier than the third day before the election. 
If independent candidates are nominated, and no 
chairman or secretary is named in the certificate of 
nomination, then such candidate or candidates shall 
be notified as herein specified, and may attend, or 
appoint representatives to attend, with all the rights 
and privileges provided for by this Act. 

It shall be the duty of the Board of Election Com¬ 
missioners, or other body having charge and control 
of such election, to notify in writing by mail, with 
postage prepaid, the chairman or secretary of any 
of the executive or central committees of any politi¬ 
cal party or organization hereinbefore referred to. 
and any independent candidate or candidates here¬ 
inbefore referred to, of the time when the final 
inspection, adjustment, testing and sealing of such 
voting or ballot machines will commence at the 
polling places, and of the place or places from 
which the inspectors will start in the performance 
of such duty, and that the representatives appointed 
pursuant to this Act, or such independent candidate 
or candidates, may attend as provided by this Act. 
Such notices shall be so mailed not less than three 
days before the time named for commencing such 
final inspection. 

Violation of Act to Be Punished. 

Sec. 3. Any person violating any provision of 
this Act shall be guilty of a misdemeanor and pun¬ 
ishable by a fine of not more than five hundred 
dollars or imprisonment of not more than six months 
or both. 

Sec. 4. This Act shall take effect immediately: 


ELECTION LAWS. 


321 


SPECIAL ACTS CONCERNING SPECIAL ELEC¬ 
TION DISTRICTS. 

NOTE.—Special acts have been passed from time 
to time providing for the formation, government, 
operation, etc., of certain districts, such as sanitary 
districts, lighting districts, irrigation districts, etc. 
These acts are too voluminous to permit of their 
inclusion herein, and moreover, the portions relat¬ 
ing to the calling and conducting of elections in 
such districts constitute but a small part thereof. 
For the benefit of those interested, reference is made 
below to the General Laws and Statutes of Cali¬ 
fornia where such acts may be found in full. 

Annexation Act of 1913. Stats. 1913, chap. 312. 

Assessment Districts: Establishment of for public 
park and playground purposes, Stats. 1909, p. 1066, 
amended Stats. 1911-12 (extra session), chap. 12. 

Boulevard Districts: Formation and establishment 
of, Stats. 1911, chap. 737; amended Stats. 1911-12 

(extra session), chap. 56; Stats. 1913, chap. 236. 

County Water Districts: Incorporation and organ¬ 
ization, Stats. 1913, chap. 592. 

Consolidation of Municipal Corporations: Stats. 
1913, ehap. 311. 

Drainage Districts: Organization and government 
of, General Laws (Deering), Act 987. 

Irrigation Districts: Organization and government 
of, and recall of officers of, General Laws (Deer¬ 
ing), Act 1726, amended Stats. 1911, chaps. 157, 
317, 588, amended Stats. 1911-12 (extra session), 
chaps. 34, 36, 63; funding bonds of, General 
Laws; (Deering), Act 1727; Stats. 1913, chaps. 
60, 367, 370, 578; dissolution of, General Laws 
(Deering), Act 1731, amended Stats. 1911-12 (ex¬ 
tra session), chap. 26; Stats. 1913, chap. 39. 


322 


ELECTION LAWS. 


Levee Districts: Formation and government of, 
General Laws (Deering), Act 1913, amended 
Stats. 1911, chap. 637; bond election in, Stats. 
1911, chap. 139. 

Library Districts: Formation of, Stats. 1909, p. 
815, amended Stats. 1911, chap. 172; in union 
high school districts, Stats. 1911, chap. 279. 

Lighting Districts: Formation and government of, 
General Laws (Deering), Act 1466, amended Stats. 
1911, chap. 260; Stats. 1913, chap. 259. 

Local Option Districts: Elections in, Stats. 1911, 
chap. 351. 

Monuments for Pioneers: Stats. 1913, chap. 224. 

Municipal Annexation Act, 1913: Stats. 1913, chap. 
311. 

Municipal Water Districts: Incorporation and man¬ 
agement of, Stats. 1911, chap. 671, amended 
Stats. 1911-12 (extra session), chap. 19; General 
Laws (Deering), Act 2390. 

Overflow Districts: Formation and government of, 
Stats. 1911, chap. 718. 

Protection Districts: Organization and formation 
of, General Laws (Deering), Act 2805. 

Public Utility Districts: Incorporation and organ¬ 
ization, Stats. 1913, chap. 261. 

Reclamation Districts: Election of trustees of, Po¬ 
litical Code, Sec. 3491; bond elections in, General 
Laws (Deering), Act 2975. 

Sanitary Districts: Formation and government of, 
General Laws (Deering), Act 3349, . amended 
Stats. 1911, chaps. 311, 389; Stats. 1913, chap. 
199. ' 

School Districts: Elections in, Political Code, 
Secs. 1593-1602, 1674, 1880-1884; bond issue elec¬ 
tion, General Laws (Deering), Acts 3567, 3582; 
high school district elections, Political Code, 


ELECTION LAWS. 


323 


Secs. 1725-1746; union high school library dis¬ 
tricts, Stats. 1911, chap. 279. 

Sewer Districts: Within municipalities, General 
Laws (Deering), Act 3597; municipalities may 
create, Stats. 1911, chap. 23; division of munici¬ 
palities into, Stats. 1911, chap. 455. 

Storm Water Districts: Organization and forma¬ 
tion of, General Laws (Deering), Act 2806; 
Stats. 1913, chap. 274. 


324 


ELECTION LAWS 


CHAPTER VIII. 

MUNICIPAL CORPORATIONS. 


An Act to provide for the organization, incorpora 

tion, and government of municipal corporatious. 

[Approved March 13, 1883.] 

Note.—Only those portions of the act are here 
given which relate to offices and elections. 

The people of the State of California, represented 
in senate and assembly, do enact as follows: 

CHAPTER I. 

May Incorporate. 

Section 1. Any portion of a county containing 
not less than five hundred inhabitants, and not 
incorporated as a municipal corporation, may become 
incorporated under the provisions of this act; and 
when so incorporated shall have the powers con¬ 
ferred, or that may be hereafter conferred, by law 
upon municipal corporations of the class to which 
the same may belong. 

Manner of Proceeding. 

Sec. 2. A petition shall first be presented to the 
board of supervisors of such county, signed by at 
least fifty of the qualified electors of the county, 
residents within the limits of such proposed cor¬ 
poration, and the affidavit of three qualified electors 
residing within the proposed limits, filed with the 
petition, shall be prima facie evidence of the requi¬ 
site number of signers. The petition shall set forth 
and particularly describe the proposed boundaries 
of such corporation, and state the number of inhab¬ 
itants therein as nearly as may be, and shall pray 
that the same may be incorporated under the pro¬ 
visions of this act. Such petition shall be pre¬ 
sented at a regular meeting of such board, and shall 



ELECTION LAWS. 


325 


be published for at least two weeks before the time 
at which the same is to be presented, in some news¬ 
paper printed and published in such county, to¬ 
gether with a notice stating the time of the meeting 
at which the same will be presented. When such 
petition is presented, the board of supervisors shall 
hear the same, and may adjourn such hearing from 
time to time, not exceeding two months in all, and 
on the final hearing shall make such changes in the 
proposed boundaries as they may find to be proper, 
and shall establish and define such boundaries, and 
shall ascertain and determine how many inhabitants 
reside within such boundaries; provided, that any 
changes made by said board of supervisors shall 
not include any territory outside of the boundaries 
described in such petition. The boundaries so estab¬ 
lished by the board of supervisors shall be the 
boundaries of such municipal corporation until by 
action, authorized by law, for the annexation of 
additional territory to or the taking of territory 
from said municipal corporation, such boundaries 
shall be changed; provided, whenever it shall ap¬ 
pear to the board of supervisors that the boundaries 
of any municipal corporation have been incorrectly 
described, the board shall direct the county surveyor 
to ascertain and report a description of the bounda¬ 
ries. The board of supervisors shall, at their first 
regular meeting after the filing of the report of the 
county surveyor, cause notice to be published in 
some newspaper published in the county that the 
report will be acted upon at the next regular meet¬ 
ing of the board, and at said meeting the board 
shall ratify the report of the county surveyor, with 
such modifications as they shall deem necessary, 
and the boundaries so established shall be the legal 
boundaries of said municipal corporation. They 
shall then give notice of an election to be held in 
such proposed corporation for the purpose of deter¬ 
mining whether the same shall become incorporated. 
Such notice shall particularly describe the bound¬ 
aries so established, and shall state the name of such 
proposed corporation, and the number of inhabitants 


326 


ELECTION LAWS. 


so ascertained to reside therein, and the same shall 
be published for at least two weeks prior to such 
election in a newspaper printed and published 
within such boundaries, or posted for the same 
period in at least four public places therein. Such 
notice shall require the voters to cast ballots, which 
shall contain the words “For Incorporation,” or 
” Against Incorporation,” or words equivalent 
thereto, and also the names of persons voted for to 
fill the various elective municipal offices prescribed 
by law for municipal corporations of the class to 
which such proposed corporation will belong. 
[Amendment approved March 19, 1889.] 

Election—How Conducted. 

Sec. 3. Such elections shall be conducted in 
accordance with the general election laws of the 
state, and no person shall be entitled to vote there¬ 
at unless he shall be a qualified elector of the 
county, enrolled upon the great register thereof, 
and shall have resided within the limits of such 
proposed corporation for at least sixty days next 
preceding such election. The board of supervisors 
shall meet on the Monday next succeeding such 
election, and proceed to canvass the votes cast 
thereat; and if, upon such canvass, it appears 
that the majority of the votes cast are for the 
incorporation, the board shall, by an order entered 
upon their minutes, declare such territory duly 
incorporated as a municipal incorporation of the 
class to which the same shall belong, under the 
name and style of the city (or town, as the case 
may be) of . (naming it), and shall de¬ 

clare the person receiving, respectively, the highest 
number of votes for such several offices to be duly 
elected to such offices. Said board shall cause 
a copy of such order, duly certified, to be filed in 
the office of secretary of state, and from and 
after the date of such filing, such incorporation shall 
be deemed complete, and such officers shall be en¬ 
titled to enter immediately upon the duties of their 
respective offices, upon qualifying in accordance 



ELECTION LAWS. 


327 


with law, and shall hold such offices, respectively, 
only until the next general municipal election to be 
held in such eity or town, and until their successors 
are elected and qualified; and it shall not be nec¬ 
essary in any action, civil or criminal, to plead and 
prove the organization or existence of such cor¬ 
poration, and the courts shall take judicial cogni¬ 
zance thereof without proof. [Amendment approved 
March 19, 1889.] 

How Incorporated City or Town May Incorporate 
Under This Law. 

Sec. 4. The common council, board of trustees, 
or other legislative body of any city and county, 
city, or town, organized or incorporated prior to 
the first day of January, eighteen hundred and 
eighty, at twelve o’clock, meridian, shall, upon re¬ 
ceiving a petition therefor, signed by not less than 
one-fifth of the qualified electors of such city and 
county, city or town, as shown by the vote cast 
at the last municipal election held therein, submit 
to the electors of such city and county, city, or 
town, at the next general election to be held therein, 
the question whether such city and county, city, 
or town shall become organized under the general 
laws of the state relating to municipal corporations 
of the class to which such city and county, city, or 
town may belong. Notice that such question will 
be so submitted shall be given by publication in 
a newspaper printed and published in such city 
and county, city, or town; or if there be no news¬ 
paper printed and published therein, by printing 
and posting the same in at least four public places 
therein, including the place or places where such 
election is to be held. Such notice shall be so pub¬ 
lished or posted for at least four weeks prior to such 
election, and shall also be made a part of the gen¬ 
eral election notice. Such notice shall distinctly state 
the proposition to be so submitted, and shall desig¬ 
nate the class to which such corporation belongs, 
and shall invite the electors thereof to vote upon 
such proposition by placing upon their ballots the 


328 


ELECTION LAWS. 


words “For Reorganization/’ or 11 Against Reorgan¬ 
ization,” or words equivalent thereto. The votes so 
cast shall be canvassed at the time and in the man¬ 
ner in which the other votes cast at such election 
are canvassed. If, upon such canvass, a majority 
of all the electors voting at such election shall be 
found to have voted for such reorganization, the 
said council, board, or other legislative body shall, 
bv an order entered upon their minutes, cause their 
clerk, or other officer performing the duties of clerk, 
to make and transmit to the secretary of state a 
certified abstract of such vote; which abstract shall 
show the whole number of electors voting at such 
election, the number of votes cast for reorganiza¬ 
tion, and the number of votes cast against reor¬ 
ganization. Said council, board, or other legislative 
body shall immediately thereafter call a special 
election for the election of the officers required by 
law to be elected in corporations of the class to 
which such city and county, city, or town shall 
belong, which election shall be held within six weeks 
thereafter. Such election shall be held in all re¬ 
spects in the manner prescribed, or that may here¬ 
after be prescribed, by law for municipal elections 
in corporations of such class, and shall be can¬ 
vassed by the council, board, or other legislative 
body calling the same, who shall immediately de¬ 
clare the result thereof, and cause the same to be 
entered upon their journal. From and after the 
date of such entry, such corporation shall be deemed 
to be organized under such general laws, under 
the name and style of the city and county (or city 

or town as the case may be) of.(naming 

it), with the powers conferred, or that may here¬ 
after be conferred, by law upon municipal corpor¬ 
ations of the class to which the same may belong; 
and the officers elected at such election shall be 
entitled immediately to enter upon the duties of 
their respective offices, upon qualifying in accord¬ 
ance with law, and shall hold such offices, respect¬ 
ively, only until the next general municipal elec¬ 
tion to be held in such city and county, city, or 



ELECTION LAWS. 329 

town, and until their successors are elected and 
qualified. 

Effect of Reincorporation. 

Sec. 5. Any city and county, city or town organ¬ 
ized under the provisions of section 4 of this act 
shall, for all purposes, be deemed and taken to be 
in law the identical corporation theretofore incor¬ 
porated and existing; and such reorganization shall 
in nowise affect or impair the title to any property 
owned or held by such corporation, or in trust 
therefor, or any debts, demands, liabilities, or obli¬ 
gations existing in favor of or against such corpo¬ 
ration, or any proceeding then pending; nor shall 
the same operate to repeal or affect in any manner 
any ordinance theretofore passed or adopted and 
remaining unrepealed, or, to discharge any person 
from any liability, civil or criminal, then existing, 
for any violation of any such ordinance; but such 
ordinances, so far as the same are not in conflict 
with such general laws, shall be and remain in force 
until repealed or amended by competent authority; 
provided, that proceedings theretofore commenced 
shall, after such reorganization, be conducted in ac¬ 
cordance with the provisions of such general laws. 

Duty of Outgoing Officers. 

Sec. 6. As soon as the officers elected under the 
provisions of either section 3 or section 4 of this 
act shall have qualified in accordance with law, 
all persons, if any, then in possession of the offices 
of such corporation, shall immediately quit and sur¬ 
render up the possession of such offices, and shall 
deliver to the officers so elected all moneys, books, 
papers, or other things in their official custody, 
and all property of such corporation in their hands, 
notwithstanding that the terms of office for which 
they were respectively elected or appointed may 
not then have expired; and all officers, boards, and 
persons holding any property in trust for any pub¬ 
lic use, the administration of which use is vested 
by such general laws in such corporation, or in any 


330 


ELECTION LAWS. 


of its officers, shall, upon demand from such cor¬ 
poration or such officers, convey such property to 
such corporation or such officers, by good and 
sufficient deeds of conveyance, in trust for such 
public use. 

Boundary—How Changed. 

Sec. 7. The boundaries of any municipal cor¬ 
poration may be altered, and new territory included 
therein, after proceedings had as required in this 
section. The council, board of trustees, or other 
legislative body of such corporation shall, upon 
receiving a petition therefor, signed by not less 
than one-fifth of the qualified electors thereof, as 
shown by the vote cast at the last municipal elec¬ 
tion held therein, submit to the electors of such 
corporation, and to the electors residing in the ter¬ 
ritory proposed by such petition to be annexed 
to such corporation, the question whether such ter¬ 
ritory shall be annexed to such corporation and be¬ 
come a part thereof. Such question shall be sub¬ 
mitted at a special election, to be held for that 
purpose, and such legislative body shall give notice 
thereof by publication in a newspaper printed and 
published in such corporation, and also in a news¬ 
paper printed and published outside of such cor¬ 
poration, and in the county in which such territory 
so proposed to be annexed is situated, in both cases 
for a period of four weeks prior to such election. 
Such notice shall distinctly state the proposition 
to be so submitted, and shall designate specifically 
the boundaries of the territory so proposed to be 
annexed; and the electors shall be invited thereby 
to vote upon such proposition by placing upon their 
ballots the words “For Annexation ,*’ or “Against 
Annexation ,’* or words equivalent thereto. Such 
legislative body shall also designate the place or 
places at which the polls will be opened in such 
territory so proposed to be annexed, which place 
or places shall be that or those usually used for that 
purpose within sueh territory, if any such there be. 
Such legislative body shall also appoint and desig- 


ELECTION LAWS. 


331 


nate in such notice the names of the officers of 
election. Such legislative body shall meet on the 
Monday next succeeding the day of such election, 
and proceed to canvass the votes cast thereat. The 
votes cast in such territory so proposed to be an¬ 
nexed shall be canvassed separately, and if it shall 
appear upon such canvass that a majority of all 
the votes cast in such territory and a majority of 
all the votes cast in such corporation shall be for 
annexation, such legislative body shall, by an order 
entered upon their minutes, cause their clerk, or 
other officer performing the duties of clerk, to make 
and transmit to the secretary of state a certified 
abstract of such vote; which abstract shall show 
the whole number of electors voting in such terri¬ 
tory, the whole number of electors voting in such 
corporation, the number of votes cast in each for 
annexation, and the number of votes cast in each 
against annexation. From and after the date of 
the filing of such abstract, such annexation shall 
be deemed complete, and thereafter such territory 
shall be and remain a part of such corporation; 
provided, that no property within such territory 
so annexed shall ever be taxed to pay any portion 
of any indebtedness of such corporation, contracted 
prior to or existing at the date of such annexation. 
If the territory so proposed to be annexed consists, 
in whole or in part, of any municipal corporation, 
or part thereof, such territory shall not be annexed 
under the provisions of this section. 

Municipal Corporations—How Consolidated. 

Sec. 8. Two or more contiguous municipal cor¬ 
porations may become consolidated into one cor¬ 
poration after proceedings had as required in 
this section. The council, board of trustees, 
or other legislative body of either of such cor¬ 
porations shall, upon receiving a petition 
therefor, signed by not less than one-fifth of 
the qualified electors of each of such corporations, 
as shown by the votes cast at the last municipal 
election held in each of such corporations, submit 


33& 


ELECTION LAWS. 


to the electors of each of such corporations the 
question whether such corporations shall become 
consolidated into one corporation. Such legislative 
body shall designate a day upon which a special 
election shall be held in each of such corporations 
to determine whether such consolidation shall be 
effected, ana shall give written notice thereof to 
the council, board of trustees, or other legislative 
body of each of the other of such corporations, 
which notice shall designate the name of the pro¬ 
posed new corporation. It shall thereupon be the 
duty of such legislative body of each of the corpora¬ 
tions so proposed to be consolidated to give notice 
of such election, by publication in a newspaper 
printed and published in such corporation, for a 
period of four weeks prior to such election. Such 
notice shall distinctly state the proposition to be 
so submitted, the name of the corporations so pro¬ 
posed to be consolidated, the name of the proposed 
new corporation, and the class to which such pro¬ 
posed new corporation will belong; and shall invite 
the electors to vote upon such proposition by plac¬ 
ing upon their ballots the words “For Consolida¬ 
tion, ” or “Against Consolidation,’’ or words equiv¬ 
alent thereto. The legislative bodies of each of 
such corporations shall meet in joint convention at 
the usual place of meeting of the legislative body 
of that one of such corporations having the great¬ 
est population, as shown by the last federal census, 
on the Monday next succeeding the day of such 
election, and proceed to canvass the votes cast 
thereat. The votes cast in each of such corpora¬ 
tions shall be canvassed separately; and if it shall 
appear upon such canvass that a majority of the 
votes cast in each of such corporations shall be for 
consolidation, such joint convention, by an order 
entered upon their minutes, shall cause the clerk, 
or other officer performing the duties of clerk, of 
the legislative body at whose place of meeting such 
joint convention is held, to make a certified abstract 
of such vote; which abstract shall show the whole 
number of electors voting at such election in each 


ELECTION LAWS. 


333 


of such corporations, the number of votes cast in 
each for consolidation and the number of votes cast 
in each against consolidation. Such abstract shall 
be recorded upon the minutes of the legislative body 
of each of such corporations; and immediately upon 
the record thereof, it shall be the duty of the clerk, 
or other officer performing the duties of clerk, of 
each of such legislative bodies to transmit to the 
secretary of state a certified copy of such abstract. 
Immediately after such filing, the legislative body 
of that one of such corporations having the greatest 
population, as shown by the last federal census, shall 
call a special election, to be held in such new cor¬ 
poration for the election of the officers required by 
law to be elected in corporations of the class to 
which such new corporation shall belong, which 
election shall be held within six months thereafter. 
Such election shall be called and conducted in all 
respects in the manner prescribed, or that may 
hereafter be prescribed, by law for municipal elec¬ 
tions in corporations of such class, and shall be can¬ 
vassed by the legislative body so calling the same, 
who shall immediately declare the result thereof, 
and cause the same to be entered upon their journal. 
From and after the date of such entry, such cor¬ 
porations shall be deemed to be consolidated into 
one corporation, under the name and style of the 
city and county (or city or town as the case may 

be) of . (naming it), with the powers 

conferred, or that may hereafter be conferred, by 
law upon municipal corporations of the class to 
which the same shall so belong; and the officers 
elected at such election shall be entitled immediately 
to enter upon the duties of their respective offices, 
upon qualifying in accordance with law, and shall 
hold such offices, respectively, only until the next 
general municipal election to be held in such city 
and county, city, or town, and until their successors 
are elected and qualified. All the provisions of 
sections 5 and 6 of this act shall apply to such cor¬ 
poration and to the officers thereof; provided, that 
no property within either of the former corpora- 



334 


ELECTION LAWS. 


tions so consolidated shall ever be taxed to pay any 
portion of any indebtedness of either of the other 
of snch former corporations contracted prior to or 
existing at the date of such consolidation. 

* * * * * 

Note.—Sections of the “municipal corporation 
bill ’ ’ which apply only to < cities of the first, sec¬ 
ond, third and fourth classes, have been omitted. 
For full text of this act see Deering’s General Laws 
of California, (1909), act 2348, p. 651. 


CHAPTER VI. 

Municipal Corporations of the Fifth Class. 

[A charter for cities having a population of more 
than three thousand and not exceeding ten 
thousand.] 

* * * * * 

Officers. 

Sec. 751. The government of said city shall be 
vested in a board of trustees, to consist of five mem¬ 
bers; a board of education, to consist of five mem¬ 
bers; and whenever a free public library and read¬ 
ing-room is established therein, five trustees thereof; 
a recorder; a treasurer; a clerk; an attorney; a 
marshal; an assessor, and such subordinate officers 
as are hereinafter provided for; provided, that the 
board of trustees may, in its discretion, by an ordin¬ 
ance adopted, published and recorded as required 
for general ordinances, at least thirty days before 
a general city election at which city officers are 
to be elected, unite and consolidate certain offices 
by declaring: 

1. The city marshal elected shall be ex officio 
superintendent of streets, and health officer; 

2. The city clerk elected shall be ex officio re¬ 
corder and assessor; 

3. The city treasurer elected shall be ex officio 
city tax collector and license tax collector; 


ELECTION LAWS. 


335 


4. The city attorney elected shall be ex officio 
city clerk. 

[Amendment approved February 28, 1901.] 

Election and Terms of Office. 

Sec. 752. The members of the board of trustees, 
and of the board of education, and the city clerk, 
city attorney, assessor, marshal, treasurer, and re¬ 
corder shall be elected by the qualified electors of 
said city at a general municipal election, to be held 
therein on the second Monday in April, 1903, and 
on the second Monday in April of each fourth year 
thereafter, and shall hold office for the period of 
four years from and after the Monday next suc¬ 
ceeding the day of such election, and until their 
successors are elected and qualified; provided, that 
a general municipal election shall be held in said 
city on the second Monday in April, 1905, for the 
election of successors to the members of the board 
of trustees and of the board of education whose 
terms of office expire during said year, and said suc¬ 
cessors shall hold office for the period of two years 
from and after the Monday next succeeding the day 
of such election, and until their successors are 
elected and qualified. The board of trustees may in 
their discretion appoint a poundmaster, also a super¬ 
intendent of streets, and a city engineer, all of whom 
shall hold office during the pleasure of the board. 
[Amendment approved February 26, 1903.] 

Ordinance to Divide Administration into Five De¬ 
partments—How Submitted. 

Sec. 752a. The board of trustees may at any 
time submit to the electors at any municipal or at 
any special election to be held for that purpose, 
an ordinance to divide the administration of the 
municipality into five departments and provide 
for the assignment of its several members to be 
heads of such respective departments and to be 
appointed as the commissioners of such respect¬ 
ive departments; provided, that if a department 
of public health be created the commissioner in 


336 


ELECTION LAWS. 


charge may be given the powers and duties of the 
municipal board of health, and such health board 
be thereby abolished. Such ordinance shall define 
the duties, powers and responsibilities of each 
commissioner and may require such commissioner 
to devote a specified number of hours of each 
business day to the performance of such duties, 
in which event such commissioner may receive 
a compensation, the amount of same to be fixed 
by said ordinance. The board may by majority 
vote, subject to the provisions of this section, 
assign its several members to be and appoint 
them as the respective commissioners of such sev¬ 
eral departments, and may by like vote from time 
to time change such assignment and appointment. 
It may assign employees to one or more depart¬ 
ments, may require an officer or employee to per¬ 
form duties in two or more departments, and may 
make such other rules and regulations as may 
be necessary or proper to the efficient and eco¬ 
nomical conduct of the business of the munici¬ 
pality. The substance of the ordinance so pro¬ 
posed shall be printed on the ballots used at such 
election substantially as follows: Shall the ad¬ 
ministration of the municipality be divided into 
five departments as follows: (insert the five de¬ 
partments of government proposed and briefly 
designate the powers and duties conferred upon 
each and the compensation each commissioner or 
head of department shall receive), “Yes” and 
“No” so printed in connection therewith that 
the voters may express their choice. The returns 
of the election shall be canvassed and declared 
as at other municipal elections, and if it appears 
that a majority of the votes cast at such election 
were in favor of the ordinance, such ordinance 
shall take effect and be in force on the tenth 
day thereafter. [New section approved April 10. 
1911.] 


ELECTION LAWS. 337 

Election or Appointment of Officers May Be Sub¬ 
mitted to Voters. 

Sec. 752b. The board of trustees may submit 
to the electors at any municipal election or at a 
special election to be held for that purpose, the 
question as to whether the elective officers, or 
any of them, other than trustees, shall be ap¬ 
pointed by said board, instead of being elected as 
provided in the preceding section. The question 
so submitted shall be printed on the ballots used 
at such election substantially as follows: “Shall 

the board of trustees hereafter appoint the . 

. (naming the offices) of the city (or 

town) of .,” with the words 

“Yes” and “No” so printed in connection there¬ 
with that the voters may express their choice. The 
returns of the election shall be canvassed and 
declared as at other municipal elections and if it 
appears that a majority of the votes cast on any 
such proposition were in favor of the appoint¬ 
ment of such officers or any of them, then at the 
expiration of the terms of office of any such offi¬ 
cials then in office, and on the occurrence of a 
vacancy in any such offices, such elective officers 
or any of them for the appointment of whom such 
majority vote was so cast, shall thereafter be ap¬ 
pointed by the board of trustees and hold office 
during the pleasure of such board. [New section 
approved April 10, 1911.] 

» * # * » 

Vacancies. 

Sec. 754. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but if such 
office be elective, such appointee shall hold office 
only until the next regular election, at which time 
a person shall be elected to serve for the re¬ 
mainder of such unexpired term. In case a mem¬ 
ber of the board of trustees is absent from the 
city for the period of ninety days, unless by per¬ 
mission of the board of trustees, his office shall by 





338 


ELECTION LAWS. 


the board be declared vacant, and the same filled 
as in case of other vacancies. 

Compensation ' of Trustees—Election to Decide— 

Other Officers. 

Sec. 755. The members of the board of trustees 
shall receive no compensation whatever, provided 
that in all such cities the question of whether the 
members of such beard or any of them shall receive 
any compensation for his services as such member, 
and the amount thereof, may be submitted to the 
qualified electors of said city at any general munici¬ 
pal election held therein, and if the majority of such 
electors voting at such election shall vote in favor 
thereof, then such trustee or trustees shall receive 
the compensation specified in the call submitting 
such question at such municipal election; such com¬ 
pensation to begin on the first day of the next month 
succeeding the canvass of the return of such elec¬ 
tion, and the amount so fixed shall from such date 
be a charge against such city; payable the same as 
other fixed salaries are paid. Such compensation 
may be increased or diminished at any general mu¬ 
nicipal election thereof, by submission of such ques¬ 
tion in the same manner and by the same vote as 
herein provided, for the original creation of such 
compensation. 

The treasurer, assessor, marshal, clerk and re¬ 
corder shall severally receive at stated times a 
compensation to be fixed by ordinance by the board 
of trustees, which compensation shall not be in¬ 
creased or diminished after their election or during 
their several terms of office. 

Nothing herein contained shall be construed to 
prevent the board of trustees from fixing such 
several amounts of compensation in the first instance 
during the term of office of any such officer or 
after his election. The compensation of all other 
officers shall be fixed from time to time by the board 
of trustees. [Amendment approved March 1, 1911; 
in effect immediately.] 


ELECTION LAWS. 


339 


Elections, How Held. 

Sec. 756. All elections in such city shall be held 
in accordance with the general election laws of the 
state, so far as the same may be made applicable, 
and no person shall be entitled to vote at such 
election unless he shall be a qualified elector of 
the county, enrolled upon the great register there¬ 
of, and shall have resided in such city for at 
least thirty days next preceding such election. 
The board of trustees shall give such notice of 
each election as may be prescribed by ordinance, 
shall appoint boards of election, and fix their com¬ 
pensation, and establish election precincts and poll¬ 
ing places, and may change the same; provided, 
that no part of any ward less than the whole 
thereof, shall be attached to any other ward, or 
part thereof, in forming election precincts. At 
any municipal election the last printed great reg¬ 
ister of the county shall be used, and any elector 
whose name is not upon such printed register shall 
be entitled to vote, upon producing and filing with 
the board of election a certificate, under the hand 
and official seal of the county clerk, showing that 
his name is registered and uncanceled upon the 
great register of such county, provided, that he is 
otherwise entitled to vote. 

Eligibility to Office. 

Sec. 757. No person shall be eligible to hold the 
office of trustee in such city, unless he be a resident 
and elector therein, and shall have resided in such 
city for one year next preceding the date of his 
election. [Amendment approved April 16, 1913.] 
***** 

Rules. 

Sec. 762. The board of trustees shall judge of 
the qualifications of its members and of all elec¬ 
tion returns, and determine contested elections 
of all city officers. They may establish rules for 
the conduct of their proceedings, and punish any 
member, or other person, for disorderly behavior 


340 


ELECTION LAWS. 


at any meeting. They shall cause the clerk to 
keep a correct journal of all their proceedings, and, 
at the desire of any member, shall cause the ayes 
and noes to be taken on any question, and en¬ 
tered on the journal. 

* * # * * 


CHAPTER VII. 

Municipal Corporations of the Sixth Class. 

[A charter for cities and towns having a popula¬ 
tion of not exceeding three thousand.] 

* * * * * 

Officers. 

Sec. 851. The government of such city or town 
shall be vested in a board of trustees, to consist 
of five members; a clerk, who shall be ex officio 
assessor; a treasurer; a marshal, to be appointed 
by the board of trustees, who shall be ex-officio 
tax and license collector; a recorder, to be ap¬ 
pointed by the board of trustees; and such subor¬ 
dinate officers as are hereinafter provided for. 
[Amendment approved March 9, 1911.] 

Election and Tenure of Office. 

Sec. 852. The members of the board of trustees 
and the clerk and treasurer shall be elected bv 
the qualified electors of said city or town at a 
general municipal election to be held therein on 
the second Monday in April in each even-numbered 
year. The clerk and treasurer shall hold office for 
a period of two years from and after the Mon¬ 
day next succeeding the day of such election, and 
until their successors are elected and qualified. 
Members of the board of trustees shall hold office 
for the period of four years, from and after' the 
Monday next succeeding the day of such election; 
and until their successors are elected and 
qualified; and in event of resigning shall not 
vote on the selection and appointment of their 
successors. The respective terms of the mem- 


ELECTION LAWS. 


341 


bers of the first Board of Trustees elected under 
the provisions of this act shall be determined as 
follows: The two persons elected by the highest 
number of votes shall hold office for four years, and 
the three persons elected by the lowest number of 
votes shall hold office two years. In the event two 
or more persons are elected by same number of 
votes, the term of each shall be fixed by lot. The 
board of trustees may, in their discretion, appoint 
an attorney, a poundmaster, a superintendent of 
streets, a civil engineer, a marshal and such police 
and other subordinate officers as in their judgment 
may be deemed necessary, and fix their compensa¬ 
tion, which said officers shall hold office during the 
pleasure of said board. [Amendment approved 
April 16, 1913.] 

Ordinance to Divide Administration into Five De¬ 
partments May Be Submitted. 

Sec. 852a. The board of trustees may at any 
time submit to the electors at any municipal, or at 
any special election to be held for that purpose, an 
ordinance to divide the administration of the mu¬ 
nicipality into five departments, and provide fur 
the assignment of its several members to be the 
heads of such respective departments and to be 
appointed as the commissioners of such respective 
departments; provided, that if a department of 
public health be created the commissioner in charge 
may be given the powers and duties of the munici¬ 
pal board of health, and such health board be 
thereby abolished. Such ordinance shall define 
the duties, powers and responsibilities of each 
commissioner and may require such commissioner to 
devote a specified number of hours of each busi¬ 
ness day to the performance of such duties, in 
which event such commissioner may receive a com¬ 
pensation the amount of same to be fixed by said 
ordinance. The board may by majority vote, sub¬ 
ject to the provisions of this section, assign its sev¬ 
eral members to be and appoint them as the re¬ 
spective commissioners of such several departments 


342 


ELECTION LAWS. 


and may by like vote from time to time change 
such assignment and appointment. It may assign 
employees to one or more departments, may re¬ 
quire an officer or employee to perform duties in 
two or more departments, and may make such other 
rules and regulations as may be necessary or proper 
to the efficient and economical conduct of the busi¬ 
ness of the municipality. The substance of the or¬ 
dinance so proposed shall be printed on the ballots 
used at such election substantially as follows: shall 
the administration of the municipality be divided 
into five departments as follows: (insert the five 
departments of government proposed and briefly 
designate the powers and duties conferred upon 
each and the compensation each commissioner or 
head of department shall receive), “Yes” and 
“No” so printed in connection therewith that the 
voters may express their choice. The returns of 
the election shall be canvassed and declared as at 
other municipal elections and if it appears that a 
majority of the votes cast at such election were 
in favor of the ordinance, such ordinance shall take 
effect and be in force on the tenth day thereafter. 
[New section approved April 10, 1911.] 

Election or Appointment of Officers May Be Sub¬ 
mitted to Voters. 

Sec. 852b. The board of trustees may submit 
to the electors at any municipal election, or at a 
special election to be held for that purpose, the 
question as to whether the elective officers, or any 
of them, other than trustees, shall be appointed by 
said board, instead of being elected as provided in 
the preceding section. The question so submitted 
shall be printed on the ballots used at such election 
substantially as follows: “Shall the board of trus¬ 
tees hereafter appoint the. (naming 

the offices) of the city (or town) of.,” 

with the words “Yes” or “No” so printed in con¬ 
nection therewith that the voters may express 
their choice. The returns of the election shall be 
canvassed and declared as at other municipal elec- 




ELECTION LAWS. 


343 


tions, and if it appears that a majority of the 
votes cast on any such proposition were in favor 
of the appointment of such officers or any of them, 
then at the expiration of the terms of office of 
any such officials then in office, and on the occur¬ 
rence of a vacancy in any such offices, such elective 
officers or any of them, for the appointment of 
whom such majority vote was so cast, shall there¬ 
after be appointed by the board of trustees and 
hold office during the pleasure of such board. [New 
section approved April 10, 1911.] 

* # # * * 

Vacancies, How Filled. 

Sec. 854. Any vacancy occurring in any of the 
offices provided for in this act shall be filled by 
appointment by the board of trustees; but in the 
event of said board of trustees failing to fill such 
vacancy by appointment within thirty days after 
a vacancy occurs, they must, if said office be an 
elective one, immediately after the expiration of 
said thirty days cause an election to be held to 
fill said vacancy, provided, however, that any per¬ 
son appointed or elected to fill such vacancy shall 
hold office only until the next regular election, at 
which time a person shall be elected to serve for 
the remainder of such unexpired term. In case a 
member of the board of trustees is absent from 
the city for the period of ninety days, unless by 
permission of the board of trustees, his office shall 
by the board be declared vacant, and the same 
filled as in case of other vacancies. [Amendment 
approved February 15, 1911; in effect immediately.] 

Compensation of Trustees—Election to Decide— 
Other Officers. 

Sec. 855. The members of the board of trustees 
shall receive no compensation whatever; provided, 
that in all such cities, the question of whether the 
members of such board or any of them shall re¬ 
ceive any compensation for his services as such 
member and the amounts thereof, may be submitted 
to the qualified electors of such cities at any gen- 


344 


ELECTION LAWS. 


eral election, and if a majority of such electors 
voting at such election shall vote in favor thereof,, 
then such trustee or trustees shall receive the com¬ 
pensation specified in the call submitting such ques¬ 
tion at such election; such compensation to begin, 
on the first day of the month next succeeding the 
canvass of the return of such election and the 
amount so fixed shall, from such date, be a regular 
charge against such city, payable the same as other 
fixed salaries are paid. Such compensation may be 
increased or diminished at any general election 
thereafter, by submission of such question in the 
same manner and by the same vote as herein pro¬ 
vided for the original creation of such compen¬ 
sation. 

The clerk, treasurer, marshal, and recorder shall 
severally receive, at stated times, a compensation, 
to be fixed by ordinance by the board of trustees,, 
which compensation shall not be increased or dim¬ 
inished after their election, or during their several 
terms of office. Nothing herein contained shall be 
construed to prevent the board of trustees from 
fixing such several amounts of compensation in the 
first instance, during the term of office of any such 
officer, or after his election. The compensation of 
all other officers shall be fixed from time to time 
by the board of trustees. [Amendment approved 
March 6, 1909; in effect immediately.] 

Elections, How Held. 

Sec. 856. All elections in such city or town shall' 
be held in accordance with the general election 
laws of the state, so far as the same may be made 
applicable; and no person shall be entitled to vote 
at such election unless he shall be a qualified elec¬ 
tor of the county, enrolled upon the great register 
thereof, and shall have resided in such city for at 
least thirty days next preceding such election. The 
board of trustees shall give such notice of each 
election as may be prescribed by ordinance, shall 
appoint boards of election, and fix their compensa¬ 
tion, and establish election precincts and polling 


ELECTION LAWS. 


345 


places, and may change the same. At any munici¬ 
pal election the last printed great register of the 
county shall be used, and any elector whose name 
is not upon such printed register shall be entitled 
to vote upon producing and filing with the board 
of election a certificate, under the hand and official 
seal of the county clerk, showing that his name 
is registered and uncanceled upon the great register 
of such county; provided, that he is otherwise en¬ 
titled to vote. 


Eligibility to Office. 

Sec. 857. No person shall be eligible to hold the of¬ 
fice of trustee in such city, unless he be a resident 
and elector therein, and shall have resided in such 
city for one year next preceding the date of his 

election. [Amendment approved April 16, 1913.] 

* * * * * 


Rules. 

Sec. 860. The board of trustees shall judge of 
the qualifications of its members and of all election 
returns, and determine contested elections of all 
city officers. They may establish rules for the con¬ 
duct of their proceedings, and punish any member 
or other person for disorderly behavior at any meet¬ 
ing. They shall cause the clerk to keep a correct 
journal of all their proceedings, and at the desire 
of any member shall cause the ayes and noes to 


any 
be taken 
journal. 


on any question, and entered on the 


An act to permit the consolidation of elections and 
to provide a procedure therefor. 

[Approved June 11, 1913.] 

Section 1. Whenever two or more elections are 
called to be held on the same day, in the same ter¬ 
ritory, or in territory that is in part the same, such 
elections may be consolidated in the manner pro¬ 
vided by this act. 



346 


ELECTION LAWS. 


Sec. 2. Any such two or more elections, whether 
held under a freeholder charter or under any state 
law, or both, may be so consolidated and different 
elections called by the same governing body may 
be so consolidated. 

Sec. 3. Such elections may be consolidated as to 
territory which is the same by order of the govern¬ 
ing body or bodies calling the elections; and w T here 
one of the elections to be consolidated is a state 
election, the board of supervisors of the county 
wherein said consolidation may be had shall have 
authority to order such consolidation, as respects 
such state election. 

Sec. 4. Within the territory affected by such order 
of consolidation, the election precincts, polling 
places and voting booths shall, in every case, be 
the same and there shall be only one set of election 
officers in each of such precincts. When the re¬ 
turns of elections consolidated under this act are 
required to be canvassed by different canvassing 
bodies, such elections shall be conducted separately 
in the same manner as if they had not been con¬ 
solidated, except as in this section provided. When 
the returns of any t^wo or more elections consoli¬ 
dated under this act are required to be canvassed 
by the same body, such elections shall be held in all 
respects as if there were only one election, and only 
one ticket or ballot shall be used thereat. 

See. 5. When elections are consolidated under 
the provisions of this act, the governing body or 
bodies ordering such consolidation may, in the ter¬ 
ritory affected thereby, provide for the appointment 
of officers of election, for the formation of precincts 
for such elections and the expenses of said elec¬ 
tion. 

Sec. 6. Nothing in this act shall be so construed 
as to repeal an act of the legislature of the- State 
of California, entitled, “An act to provide for the 
regulation of the traffic in alcoholic liquors by es¬ 
tablishing local option; authorizing the filing of 
petitions praying for elections to vote upon the 
question whether the sale of alcoholic liquors shall 


ELECTION LAWS. 


347 


be licensed within the territory described in such 
petitions; providing for the calling and holding of 
such elections; making it the duty of the proper 
governing body to declare such territory to be no¬ 
license territory unless a majority of votes is cast 
in favor of license; providing that no licenses, per¬ 
mits or other authority to sell or distribute alco¬ 
holic liquors in no-license territory shall be granted; 
forfeiting and declaring void all such licenses or 
permits theretofore issued and in force; making it 
a penal offense to sell, give away or distribute 
alcoholic liquors within such territory, with certain 
exceptions; and providing penalties for such of¬ 
fenses. Approved April 4, 1911.” 

An Act to Provide for the Classification of 

Municipal Corporations. 

[Approved March 2, 1883, as amended.] 

The people of the State of California / represented 
in Senate and Assembly, do enact as follows: 

Classification. 

Section 1. All municipal corporations within the 
state are hereby classified as follows: Those having 
a population of more than 400,000 shall constitute 
the first class; those having a population of more 
than 250,000 and not exceeding 400,000 shall consti¬ 
tute the first and one-half class; those having a pop¬ 
ulation of more than 100,000, and not exceeding 
250,000 shall constitute the second class; those hav¬ 
ing a population of more than 35,000 and not ex¬ 
ceeding 100,000 shall constitute the second and one- 
half class; those having a population of more than 
23,000 and not exceeding 35,000 shall constitute the 
third class; those having a population of more than 
20,000 and not exceeding 23,000 shall constitute the 
fourth class; those having a population of more 
than 6,000 and not exceeding 20,000 shall constitute 
the fifth class; those having a population of not 
exceeding 6,000 shall constitute the sixth class; pro¬ 
vided that nothing herein shall change the classi- 


348 


ELECTION LAWS. 


fication of existing cities organized under the mu¬ 
nicipal corporation act. [Amendment approved 
March 24, 1911; in effect immediately.] 

Based on Census. 

Sec. 2. For the purpose of classifying municipal 
corporations as in this act provided, the population 
of all municipal corporations within the state is 
hereby determined to be the population of such 
municipal corporations as shown by the federal 
census taken in the year A. D. nineteen hundred 
and ten; provided, however, that whenever a new 
federal census is taken, the municipal corporations 
within the state are not, by operation of law, re¬ 
classified under such census, but shall remain in the 
old classification until reclassified by the legislature, 
unless a direct enumeration of the inhabitants there¬ 
of be made, as in section 3 of this act provided. 
[Amendment approved, February 9, 1911; in effect 
immediately.] 

Reorganization of. 

Sec. 3. The Council, Board of Trustees, or other 
legislative body of any municipal corporation, may 
at any time cause an enumeration of the inhabitants 
thereof to be made, and in such manner and under 
such regulations as such body may by ordinance 
direct. If upon such enumeration it shall appear 
that such municipal corporation contains a suffi¬ 
cient number of inhabitants to entitle it to reor¬ 
ganize under a higher or lower class, the Common 
Council, Trustees, or other legislative body shall, 
upon receiving a petition therefor signed by not 
less than one-fifth of the qualified electors thereof, 
submit to the electors of such city or town, at the 
next general election to be held therein, the ques¬ 
tion whether such city or town shall reorganize 
under the laws relating to municipal corporations 
of the class to which such city or town may be¬ 
long. And thereupon such proceedings shall be 
had and election held as provided in the general 
law for the reorganization, incorporation and gov- 


ELECTION LAWS. 


349 


ernment of municipal corporations. If a majority 
of the votes cast at such election shall be in favor 
of such reorganization, thereafter such officers 
shall be elected as are or may be and at the time 
prescribed by law for municipal corporations of 
the class having the population under which such 
reorganization is had, and from and after the 
qualification of such officers, such corporation 
shall belong to such class. Whenever the result 
of such enumeration shall have been declared by 
the Council, Board of Trustees, or other governing 
body, and entered in the minutes of such body, 
thereupon the number of such inhabitants so as¬ 
certained shall be deemed the number of the in¬ 
habitants of such city for all the purposes of this 
Act, and for the purposes of legislation affecting 
municipalities. The Clerk of the Council, Board 
of Trustees, or other governing body of such city, 
shall cause a certified copy of such minute order 
to be filed with the Board of Supervisors of the 
county wherein such city is situated. [Amend¬ 
ment approved March 20, 1899.] 

73 Cal. 311; 76 Cal. 451; 85 Cal. 347, 349; 111 Cal. 
104, 105; 117 Cal. 574, 575; 118 Cal. 403; 120 Cal. 389, 
390, 392, 394; 127 Cal. 159; 143 Cal. 566, 567, 569, 
571; 151 Cal. 467; 3 Cal. App. 720; 6 Cal. App. 738. 

An Act to provide for direct legislation by cities and 
towns, including initiative and referendum. 

[Approved January 2, 1912.] 

The people of the State of California do enact as 

follows: 

Sec. 1. Ordinances may be enacted by and for 
any incorporated city or town of the state in the 
manner following: Any proposed ordinance may be 
submitted to the legislative body of such city or 
town by a petition filed with the clerk of such 
legislative body after being signed by qualified 
electors of the city or town not less in number than 
the percentages hereinafter required. The signatures 
to the petition need not all be appended to one 


350 


ELECTION LAWS. 


paper. Each signer shall add to his signature his 
place of residence and occupation, giving street and 
number, where such street and number, or either, 
exist, and if no street or number exist, then such 
a designation of the place of residence as will en¬ 
able the location to be readily ascertained. Each such 
separate paper shall have attached thereto an affi¬ 
davit made by a qualified elector of the city or 
town, and sworn to before an officer competent to 
administer oaths, stating that the affiant circu¬ 
lated that particular paper and saw written the 
signatures appended thereto; and that according 
to the best information and belief of the affiant, 
each is the genuine signature of the person whose 
name purports to be thereunto subscribed, and of 
a qualified elector of the city or town. Within ten 
days from the date o£ filing such petition, the clerk 
shall examine, and from the records of registration, 
ascertain whether or not said petition is signed by 
the requisite number of qualified electors, and he 
shall attach to said petition his certificate showing 
the result of said examination. If by the clerk’s 
certificate the petition is shown to be insufficient, 
it may be supplemented within ten days from the 
date of such certificate by the filing of additional 
papers, duplicates of the original petition except as 
to the names signed. The clerk shall, within ten 
days after such supplementing papers are filed, make 
like examination of the supplementing petition, and 
if his certificate shall show that all the names to 
such petition, including the supplemental papers, 
are still insufficient, no action on the petition shall 
be mandatory on the legislative body; but the 
petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely 
new petition to the same or similar effect. If the 
petition shall be found to be sufficient, the clerk 
snail submit the same to the legislative body at its 
next regular session. If the petition accompanying 
the proposed ordinance be signed by electors not 
less in number than twenty per cent of the entire 


ELECTION LAWS. 


351 


vote cast within such city or town for all candi¬ 
dates for governor of the state, at the last preced- 
ing general election at which such governor was 
voted for, and contains a request that such ordi¬ 
nance be submitted forthwith to a vote of the peo¬ 
ple at a special election, then the legislative body 
shall either: 

(a) Pass such ordinance without alteration at the 
regular session at which it is presented and within 
ten days after it is presented or 

(b) Forthwith, the legislative body shall proceed 
to call a special election at which such ordinance, 
without alteration, shall be submitted to a vote of 
the electors of the city or town. 

If the petition be signed by the electors not less 
in number than ten per cent of the entire vote cast 
for all such candidates for governor at the last 
preceding election when such candidates for gov¬ 
ernor were voted for, and the ordinance petitioned 
for is not required to be, or for any reason is not, 
submitted to the electors at a special election, and 
is not passed without change by said legislative 
body, then such ordinance without alteration, shall 
be submitted by the legislative body to a vote of 
the electors at the next regular municipal election. 
The ballots used when voting upon said proposed 
ordinance shall have printed thereon the words 
“ Shall the ordinance (stating the nature thereof) 
be adopted ?” Opposite such proposition to be 
voted on, and to the right thereof, the words “Yes ’' 
and “No” shall be printed on separate lines, with 
voting squares. If an elector shall stamp a cross 
(X) in the voting square after the printed word 
“Yes,” his vote shall be counted in favor of the 
adoption of the ordinance, and if he shall stamp a 
cross (X) in the voting square after the printed 
word “No,” his vote shall be counted against the 
adoption of the same. If a majority of the qualified 
electors voting on said proposed ordinance shall 
vote in favor thereof, such ordinance shall there- 


352 


ELECTION LAWS. 


upon become a valid and binding ordinance of the 
city or town, and be considered as adopted upon 
the date that the vote is canvassed and declared 
by the canvassing board, and go into effect ten 
days thereafter. Such ordinance shall have the 
same force and effect as one passed by the legisla¬ 
tive body of the city or town, except that no ordi¬ 
nance proposed by petition as in this section pro¬ 
vided, and thereafter passed by the vote of the 
legislative body of the city or town without submis¬ 
sion to a vote of the people, or voted upon and 
adopted by the people, shall be repealed or amended 
except by a vote of the jjeople, unless provision 
otherwise be made in the ordinance itself. Any 
number of proposed ordinances may be voted upon 
at the same election in accordance with the pro¬ 
visions of this statute; provided, that there shall 
not be held under this statute more than one spe¬ 
cial election in any period of six months. If any 
measure be submitted upon an initiative petition 
of registered voters, as hereinbefore provided, the 
persons filing said petition shall have the right, if 
they so choose, to present and file therewith a 
written argument in support thereof not exceeding 
three hundred words in length, which argument 
shall be printed upon the sample ballot issued for 
said election. Upon the same ballot shall also be 
printed any argument of not exceeding three hun¬ 
dred words in length in opposition thereto which 
may be prepared by the legislative body. If the 
provisions of two or more ordinances adopted at 
the same election conflict, then the ordinance re¬ 
ceiving the highest number of affirmative votes shall 
control. The legislative body of the city or town 
may submit to the people, without a petition there¬ 
for, a proposition for the repeal of any adopted 
ordinance, or for amendments thereto, or for the 
enactment of any new ordinance, to be voted upon 
at any succeeding regular or special municipal city 
or town election, and if such proposition so sub¬ 
mitted receive a majority of the votes cast thereon 


ELECTION LAWS. 


353 


at such election, such ordinance shall be repealed, 
amended or enacted accordingly. Whenever any or¬ 
dinance or proposition is required by this statute 
to be submitted to the voters of a city or town at 
any election, the clerk of the legislative body shall 
cause the ordinance or proposition to be printed 
and he shall mail a copy thereof, enclosed in an 
envelope with a sample ballot to each voter at 
least ten days prior to the election. All the pro¬ 
visions of this statute are to be liberally construed 
for the purpose of ascertaining and enforcing the 
will of the electors. The enacting clause of an ordi¬ 
nance passed by the vote of the electors shall be 
substantially in the following form: “The people 
of the city (or town) of- do ordain as fol¬ 

lows When a special election is to be called 
under the terms of this section, it shall be held 
not less than thirty nor more than sixty days after 
the date of the presentation of the proposed ordi¬ 
nance to the legislative body, and shall be held as 
nearly as may be in accordance with the election 
laws of the state; provided, however, that, to avoid 
holding more than one such election within any 
six months, the date for holding such special elec¬ 
tion may be fixed later than sixty days, but at as 
early a date as practicable after the expiration of 
such six months; provided, further, that when under 
any of the terms of this statute fixing the time 
within which a special election shall be held it is 
made possible to hold the same within six months 
prior to a regular municipal election, the legislative 
body may in its discretion, submit the proposed 
ordinance at such regular election instead of at a 
special election. Except an ordinance calling or 
otherwise relating to an election, no ordinance 
passed by the legislative body of a city or town, 
except when otherwise specially required by the 
laws of the state, and except an ordinance for the 
immediate preservation of the public peace, health 
or safety, which contains a declaration of, and the 
facts constituting its urgency and is passed by a 
four-fifths vote of the legislative body of a city 



354 


ELECTION LAWS 


or town, and no ordinance granting a franchise 
shall go into effect before thirty days from its final 
passage; and if, during said thirty days, a petition, 
signed by qualified voters of the city or town equal 
to ten per cent of the entire vote cast therein for 
all candidates for governor of the state at the last 
preceding general election at which a governor was 
voted for, protesting against the passage of such 
ordinance, be presented to the legislative body, the 
same shall thereupon be suspended from going into 
operation, and shall be the duty of the legislative 
body to reconsider such ordinance. If said legisla¬ 
tive body shall thereupon not entirely repeal said 
ordinance, it shall submit the same to a vote of 
the electors either at a regular municipal election 
or a special election to be called for the purpose, 
and such ordinance shall not go into effect or be¬ 
come operative unless a majority of the voters 
voting upon the same shall vote in favor thereof. 
Such petitions and the provisions of the law rela¬ 
tive to the duty of the clerk in regard thereto 
and the manner of voting thereon, shall conform 
to the rules provided herein for the initiation of 
legislation by the electors. 

In cities or towns having a mayor (or like officer), 
with the veto power, the passage of an ordinance 
petitioned for by the electors, followed by its veto 
by the mayor (or like officer) and the failure of 
the legislative body to pass the same over such veto, 
shall be deemed and treated as a refusal of the 
legislative body to pass the ordinance, within the 
meaning of this statute; and a vote of the legisla¬ 
tive body in favor of the repeal of an ordinance 
previously passed (but protested against by the 
electors as herein provided for) followed by a veto 
of such repeal by the mayor (or like officer) and 
the failure of the legislative body to pass said 
repeal over said veto, shall be deemed and treated 
as a refusal to repeal the ordinance so protested 
against. In such city or town the date of approval 
of an ordinance by the mayor or like officer (or of 


ELECTION LAWS 


355 


the expiration without his action thereon of the 
time within which he may veto the same, if such 
expiration of time for his action without his ap¬ 
proval or veto has the effect of making the ordi¬ 
nance a law) shall be deemed the date of final pas¬ 
sage of the ordinance by the legislative body, within 
the meaning of this statute. Any duty herein in 
terms, or by reasonable implication, imposed upon 
the legislative body in regard to calling an election, 
or in connection therewith, shall be likewise im¬ 
posed upon any mayor, or any other officer having 
any duty to perform connected with the elections, 
so far as may be necessary to fully carry out the 
provisions of this statute. 

Sec. 2. This act is not intended to apply to 
those cities having a freeholders’ charter adopted 
and ratified under the provisions of section 8 of 
article XI of the constitution, and having in such 
charter provision for the direct initiation of ordi¬ 
nances by the electors. 

Sec. 3. Sections 2 and 3 of the act approved 
March 14th, 1911, entitled “An act adding three 
new sections to an act entitled ‘An act to provide 
for the organization, incorporation and government 
of municipal corporations,’ approved March 13,1883, 
to be numbered 10, 11 and 12 and relating to the 
government of municipal corporations and providing 
for the recall, initiative and referendum,” are 
hereby repealed. 

An Act to provide for the recall of elective officers 
of incorporated cities and towns. 

[Approved January 2, 1912.] 

The people of the State of California do enact as 

follows: 

Sec. 1. The holder of any elective office of any 
incorporated city or town may be removed or re¬ 
called at any time by the electors; provided, he 
has held his office at least six months. The pro¬ 
visions of this statute are intended to apply to 


356 


ELECTION LAWS 


officials now in office, as well as to those hereafter 
elected. The procedure to effect such removal or 
recall shall be as follows: A petition demanding the 
election of a successor to the person sought to be 
removed shall be filed with the clerk of the legis¬ 
lative body of such city or town, which petition 
shall be signed by qualified voters equal in num¬ 
ber to at least twenty-five per cent of the entire 
vote cast within such city or town for all candi¬ 
dates for the office which the incumbent sought to 
be removed occupies, at the last preceding regular 
municipal election at which such officer was voted 
for (or a like percentage of such vote within those 
precincts of the city or town embraced within the 
ward or subdivision of the city or town entitled to 
vote for a successor to the officer named, in case of 
an official not elected by the city or town at large), 
and shall contain a statement of the grounds on 
which the removal or recall is sought, which state¬ 
ment is intended solely for the information of the 
electors. Any insufficiency of form or substance in 
such statement shall in nowise affect the validity 
of the election and proceedings held thereunder. 
The signatures to the petition need not all be ap¬ 
pended to one paper. Each signer shall add to his 
signature his place of residence and occupation, giv¬ 
ing street and number, where such street and num¬ 
ber, or either, exist, and if no street or number 
exist, then such a designation of the place of resi¬ 
dence as will enable the location to be readily ascer¬ 
tained. Each such separate paper shall have attached 
thereto an affidavit made by a qualified elector of 
the city or town (or particular subdivision thereof 
as the case may be) and sworn to before an officer 
competent to administer oaths, stating that the 
affiant circulated that particular paper and saw 
written the signatures appended thereto; and that 
according to the best information and belief of the 
affiant, each is the genuine signature of the person 
whose name purports to be thereunto subscribed, 
and of a qualified elector of the city or town (or 
particular subdivision thereof). Within ten days 


ELECTION LAWS 


357 


from the date of filing such petition, the clerk shall 
examine and from records of registration ascertain 
whether or not said petition is signed by the requi¬ 
site number of qualified voters, and he shall attach 
to said petition his certificate showing the result of 
said examination. If by the clerk's certificate the 
petition is shown to be insufficient, it may be sup¬ 
plemented within ten days from the date of such 
certificate, by the filing of additional papers, dupli¬ 
cates of the original petition except as to the names 
signed. The clerk shall, within ten days after 
such supplementing papers are filed, make like ex¬ 
amination of the suplementing petition, and if his 
certificate shall show that all the names to such 
petition, including the supplemental papers, are still 
insufficient, no action shall be taken thereon; but 
the petition shall remain on file as a public record; 
and the failure to secure sufficient names shall be 
without prejudice to the filing later of an entirely new 
petition to the same effect. If required by the clerk, 
the legislative body of said city or town, shall au¬ 
thorize him to employ, and shall provide for the com¬ 
pensation to be paid, persons necessary in the ex¬ 
amination of said petition and supplementing peti¬ 
tion, all in addition to the persons regularly em¬ 
ployed by him in his office. In case the clerk is 
the officer sought to be recalled, the duties herein 
provided to be performed by him shall be per¬ 
formed by some other person designated by said 
legislative body for that purpose. If the petition 
shall be found to be sufficient, the clerk shall submit 
the same to the legislative body of the city or 
town without delay, whereupon that body shall 
forthwith cause a special election to be held Within 
not less than thirty-five nor more than forty days 
after the date of the order calling such election, to 
determine whether the voters will recall such officer; 
provided, that if a regular municipal election is to 
occur within sixty days from the date of the order 
calling such election, the legislative body of the city 
or town may, 'n its discretion, postpone the holding 
of such election to such regular municipal election 


358 


ELECTION LAWS 


or submit such recall election at any such election 
occurring not less than thirty-five days after such 
order. If a vacancy occur in said office after a 
recall petition is filed, the election shall nevertheless 
proceed as in this section provided. One petition 
is sufficient to propose the removal and election of 
one or more elective officials. One election is com¬ 
petent for the removal and election of one or more 
elective officials. Nominations for any office under 
such recall election shall be made by petition in 
the manner prescribed by section 1188 of the Political 
Code; except that no party affiliation of candidate, 
signer or verification deputy shall be given, nor 
shall the election as a convention delegate or par¬ 
ticipation in a primary election be any bar to sign¬ 
ing such petition. Upon the sample ballot there 
shall be printed in not more than two hundred 
words, the reasons set forth in the recall petition 
for demanding the recall of the officer, and upon the 
same ballot in Dot more than two hundred words, 
the officer may justify his course in office. There 
shall be printed on the recall ballot, as to every 
officer whose recall is to be voted on thereat, the 
following question: “Shall (name of person against 
whom the recall petition is filed) be recalled from the 
office of ('title of the office)?” following which ques¬ 
tion shall be the words “Yes” and “No” on sep¬ 
arate lines, with a blank space at the right of each, 
in which the voter shall indicate by stamping a cross 
(X) his vote for or against such recall. On such 
ballots, under each such question, there shall also be 
printed the names of those persons who have been 
nominated as candidates to succeed the person re¬ 
called, in case he shall be removed from office by 
said recall election; but no vote shall be counted for 
any candidate for said office unless the voter also 
voted on said question of the recall of the person 
sought to be recalled from said office. The name 
of the person against whom the petition is filed shall 
not appear on the ballot as a candidate for the 
office. If a majority of those voting on said ques¬ 
tion of the recall of any incumbent from office shall 


ELECTION LAWS 


359 


vote “No,” said incumbent shall continue in said 
office. If a majority shall vote “Yes,” said in¬ 
cumbent shall thereupon be deemed removed from 
such office, upon the qualification of his successor. 
The canvassers shall canvass all votes for candidates 
for said office and declare the result in like man¬ 
ner as in a regular election. If the vote at any 
such recall election shall recall the officer, then the 
candidate who has received the highest number of 
votes for the office shall be thereby declared elected 
for the remainder of the term. In case the person 
who received the highest number of votes shall fail 
to qualify within ten days after receiving his cer¬ 
tificate of election, the office shall be deemed vacant 
and shall be filled according to law. 

Sec. 2. This act is not intended to apply to those 
cities having a freeholders ’ charter, adopted under 
the provisions of section 8 of article XI of the con¬ 
stitution, and having in such charter provision for 
the recall of elective officials by the electors. 

Sec. 3. Section one (1) of an act entitled “An 
act adding three new sections to an act entitled 
‘An act to provide for the organization, incorpora¬ 
tion and government of municipal corporations/ ap¬ 
proved March 13, 1883, to be numbered 10, 11 and 
12 and relating to the government of municipal cor¬ 
porations and providing for the recall, initiative 
and referendum,” and approved March 14th, 1911, 
is hereby repealed. 

An Act to provide for submitting to the qualified 
electors of every city and county, or incorporated 
city or town, in this state the question whether 
such city and county, or incorporated city or town, 
shall retain the powers of control vested therein 
respecting all or any public utilities, and provid¬ 
ing further for elections thereafter to surrender 
such powers in case the qualified electors of any 
such city and county, or incorporated city or 
town, shall have voted to retain such powers or 
to reinvest such city and county, or incorporated 


360 


ELECTION LAWS 


city or town, with such powers, in case the quali¬ 
fied electors thereof have voted to surrender such 
powers. 

[Approved January 2, 1912.] 

The people of the State of California do enact as 

follows: 

Sec. 1. Any city and county, or incorporated 
city or town, may retain its powers of control vested 
therein respecting any one or more classes of public 
utilities and may thereafter surrender such powers 
to the railroad commission of the State of Cali¬ 
fornia, hereinafter called the railroad commission, 
or may reinvest itself with such powers as it may 
have surrendered to the railroad commission, all 
as in this act provided. 

Sec. 2. The term ‘ ‘ municipal corporation, , ’ as 
used in this act, shall be construed to mean a city 
and county, or an incorporated city or town. The 
term “ legislative body,” as used in this act, shall 
be construed to mean the board of supervisors, 
municipal council, commission or other legislative 
or governing body of a municipal corporation. 

Sec. 3. The terms “railroad corporation,” 
“street railroad corporation,” “common carrier,” 
“gas corporation,” “electrical corporation,” 
“water corporation,” “telephone corporation,” 
“telegraph corporation,” “wharfinger,” “ware¬ 
houseman” and “public utility,” as used in this 
act, shall severally have the same meaning as is 
given to them, respectively, in section 2 of the 
act known as the “Public Utilities Act.” 

Sec. 4. The question whether any municipal cor¬ 
poration shall retain its powers of control respecting 
one or more classes of public utilities may be sub¬ 
mitted to the qualified electors of such municipal 
corporation, as provided in this act, either at a 
general municipal election or at a special election 
held therein. Such question may be so submitted, 
either in pursuance of an ordinance of intention 
adopted by a vote of three-fifths of all the members 
of the legislative body of such municipal corpora- 


ELECTION LAWS 


361 


tion, declaring that the public interest requires the 
submission of, and that it is the intention of such 
legislative body to submit, such question to a vote 
of the qualified electors of such municipal corpora¬ 
tion, or in pursuance of a petition of qualified elec¬ 
tors of such municipal corporation, as hereinafter 
provided. Such ordinance of intention or such peti¬ 
tion, as the case may be, shall contain the proposi¬ 
tions proposed to be so submitted, as set forth in 
section 6 of this act. Such petition shall be signed 
by qualified electors of such municipal corporation, 
equal in number to ten per centum of such qualified 
electors, computed upon the total number of votes cast 
in such municipal corporation for all candidates for 
governor at the last preceding general election prior 
to the filing of such petition at which a governor was 
elected. Such petition may consist of separate 
papers; provided, that if any paper consists of more 
than one sheet, it shall be securely fastened together 
at the top. The signatures need not all be ap¬ 
pended to one sheet of paper. Each such paper 
shall have attached thereto, at the bottom of the 
last sheet thereof, the affidavit of a qualified elector 
of such municipal corporation, stating that all of 
the signatures on each sheet thereof were made in 
his presence, and that to the best of his knowledge 
and belief each signature is the genuine signature 
of the person whose name purports to be thereto 
subscribed. Such petition shall be filed with the 
clerk of the legislative body of such municipal cor¬ 
poration. Within ten days from the date of the 
filing of such petition, said clerk shall examine the 
petition and ascertain from the record of the regis¬ 
tration of the electors of the city and county, or 
of the county in which such municipal corporation 
is situated, whether the petition is signed by the 
requisite number of the qualified electors of such 
municipal corporation; and if requested by said 
clerk, the said legislative body of said municipal 
corporation shall authorize him to employ persons 
specially to assist him in the work of examining 


362 


ELECTION LAWS 


such petition and shall provide for their compensa¬ 
tion. Upon the completion of such examination, 
said clerk shall forthwith attach to said petition 
his certificate, properly dated, showing the result 
of such examination. If from such examination said 
clerk shall find that said petition is signed by the 
requisite number of qualified electors, he shall cer¬ 
tify that the same is sufficient; but if, from such 
examination, he shall find that said petition is not 
signed by such requisite number of qualified electors, 
he shall certify to the number of qualified electors 
signing such petition and to the number of qualified 
electors required to make such petition sufficient. 
If by the certificate of said clerk the petition is 
shown to be insufficient, it may be amended by 
filing a supplemental petition within ten days from 
the date of such certificate. Said clerk shall, within 
ten days from the filing of such supplemental peti¬ 
tion, make like examination of the same and certify 
to the result of such examination as hereinbefore 
provided. If the certificate of the clerk shall show 
any such petition, or any such petition together 
with a supplemental petition, to be insufficient, it 
shall be retained by him and kept as a public 
record, without prejudice, however, to the filing of 
a new petition to the same effect. But if, by the 
certificate of the clerk, such petition, or such peti¬ 
tion together with a supplemental petition, is shown 
to be sufficient, the clerk shall forthwith present 
the same to the legislative body of such municipal 
corporation. The sufficiency or insufficiency of such 
petition shall not be subject to review by such leg 
islative body. After the election held in pursuance 
of such petition, the sufficiency of such petition in 
any respect shall not be subject to judicial review 
or be otherwise questioned. In any city and county 
having a board of election commissioners and a 
registrar of voters, the clerk of the legislative body 
thereof shall immediately upon the filing of any 
petition with him, transmit the same to such board 
of election commissioners, who shall forthwith de¬ 
liver such petition to said registrar of voters, who 


ELECTION LAWS 


363 


shall perform all the duties herein required to be 
performed in other municipal corporations by the 
clerk of the legislative body thereof, respecting the 
examination and certification of such petition. 
Such registrar of voters shall, upon making his 
certificate, forthwith return said petition to said 
clerk, who shall thereupon present such petition and 
the certificate thereto attached to the legislative 
body of such municipal corporation as hereinbefore 
in this section provided. 

Sec. 5. Upon the adoption of such ordinance of 
intention, or the presentation as aforesaid of such 
petition, as provided in section 4 of this act, the 
legislative body of such municipal corporation shall, 
by ordinance, order the holding of a special elec¬ 
tion for the purpose of submitting to the qualified 
electors of such municipal corporation the proposi¬ 
tions set forth in such ordinance of intention or in 
such petition, as the case may be, which propositions 
shall be those set forth in section 6 of this act, or 
such legislative body shall, by ordinance, order the 
submission of such propositions at a general munici¬ 
pal election, as hereinafter provided. Such special 
election shall be held not less than twenty days 
nor more than sixty days after the adoption of the 
ordinance of intention provided for in section 4 of 
this act, or the presentation of such petition to said 
legislative body; provided, that if a general munici¬ 
pal election shall occur in said municipal corpora¬ 
tion not less than twenty days nor more than sixty 
days after the adoption of said ordinance of inten¬ 
tion or the presentation of said petition to said 
legislative body, said propositions may be submitted 
at such general municipal election, in the same 
manner as other propositions are required by law 
to be submitted at general municipal elections in 
such municipal corporation. Every special election 
held in any municipal corporation under the pro¬ 
visions of this act, shall be called by the legisla¬ 
tive body thereof, by ordinance, which shall specify 
the propositions to be submitted at such election 


364 


ELECTION LAWS 


and the date thereof, and where provision is not 
otherwise made by law, shall establish the election 
precincts therefor and designate the polling places 
therein, and the names of the election officers for 
each such precinct. Such ordinance shall, prior to 
such election, be published five times in a daily 
newspaper printed and published in such municipal 
corporation, or twice in a weekly newspaper printed 
and published therein, if there be no such daily 
newspaper; provided, that if no such daily or weekly 
newspaper be printed and published in such munici¬ 
pal corporation, the clerk of said legislative body 
shall post a copy of said ordinance in three public 
places in such municipal corporation at least ten 
days prior to such election. The propositions sub¬ 
mitted under this section at any general municipal 
election or at any special election shall be the same 
as those set forth in section 6 of this act. 

Sec. 6. The ballots to be used at any general 
municipal election or at any special election, at 
which is submitted the question whether a municipal 
corporation shall retain its powers of control re¬ 
specting public utilities shall have printed thereon, 
in addition to the other matters required by law, 


the following propositions: 

“Proposition No. 1. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over railroad corporations?” 

“Proposition No. 2. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over street railroad corporations?” 

“Proposition No. 3. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over common carriers other than railroad and 
street railroad corporations?” 

“Proposition No. 4. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over gas corporations?” 

“Proposition No. 5. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over electrical corporations?” 







ELECTION LAWS 


365 


“ Proposition No. 6. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over telephone corporations V 1 

“Proposition No. 7. Shall . (name 

of municipal corporation) retain its powers of con¬ 
trol over telegraph corporations ?’’ 

“Proposition No. 8. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over water corporations?” 

“Proposition No. 9. Shall. (name 

of municipal corporation) retain its powers of con¬ 
trol over wharfingers?” 

“Proposition No. 10. Shall .. (name 

of municipal corporation) retain its powers of con¬ 
trol over warehousemen?” 

Opposite each such proposition to be voted upon, 
and to the right thereof, the words “Yes” and 
“No” shall be printed on separate lines, with 

voting squares. Any voter desiring to vote in 

favor of the retention of the powers of control of 
such municipal corporation respecting any particular 
class of public utility, shall stamp a cross (X) in 
the voting square after the printed word “Yes” 
opposite the proposition as to such class, and any 
voter desiring to vote against the retention of such 
powers of such municipal corporation respecting any 
particular class of public utility, shall stamp a cross 
(X) in the voting square after the printed word 
“No” opposite such proposition. 

Sec. 7. If the propositions specified in section 6 
of this act shall have been submitted at a special 
election in any municipal corporation, then the leg¬ 
islative body or other body or board charged with 
the duty of canvassing the returns and declaring 
the result of elections in such municipal corporation, 
shall meet at their usual place of meeting on the 
first Monday after such election to canvass the 
returns and declare the result thereof. Immediately 
upon the completion of such canvass, or upon the 
completion of the canvass of the returns of any 
general municipal election at which such proposi- 







366 


ELECTION LAWS 


tions shall have been submitted, such legislative- 
body or other body or board charged with said duty 
shall make an order declaring the result of the 
election upon such propositions and shall cause the 
same to be entered upon its minutes, which order 
shall show the total number of votes cast upon 
each such proposition, and the number of votes 
cast respectively in favor of and against each such 
proposition. If it shall appear from the result of 
such election, as so declared, that a majority of the 
qualified electors of such municipal corporation 
voting on any proposition submitted, as provided 
in section 5 of this act, shall have voted to retain 
the powers of control of such municipal corporation 
respecting any particular class of public utility, 
such municipal corporation shall be deemed to have 
elected to retain such powers of control respecting 
such class of public utility, and such powers shall be 
exercised by such municipal corporation until the 
same may be surrendered as hereinafter provided; 
and if it shall appear from the result of such elec¬ 
tion, as so declared, that a majority of such quali-* 
fied electors so voting on any such proposition shall 
have voted not to retain such powers respecting 
any class of public utility, such municipal corpora¬ 
tion shall be deemed to have elected not to retain 
such powers of control respecting such class of 
public utility, and such power of control shall there¬ 
after vest in and be exercised by the railroad com¬ 
mission as provided by law. Immediately upon the 
entry of the order declaring the result of the elec¬ 
tion as to such proposition, the clerk of the legis¬ 
lative body or the registrar of voters in any munici- 
pay corporation having a board of election commis¬ 
sioners and a registrar of voters, shall make copies, 
in duplicate, of such order, and shall attach to each 
such copy his certificate under the seal, if any, 
of such municipal corporation, or of such board of 
election commissioners, certifying that the same is 
a true and correct copy of such order. Said clerk 
or registrar of voters, as the case may be, shall 
forthwith file one of said copies in the office of the 


ELECTION LAWS 


367 


railroad commission of the State of California and 
the other in the office of the secretary of state. 
Immediately upon the filing of such certified copy 
of such order in the office of the railroad commis¬ 
sion, the powers of control theretofore vested in 
such municipal corporation over any class or classes 
of public utilities which a majority of the qualified 
electors of such municipal corporation voting thereof 
shall have voted not to retain, as shown by such 
order shall thereupon vest in and be exercised by 
the railroad commission, until such municipal cor¬ 
poration shall reinvest itself with such powers of 
control as hereinafter provided. 

Sec. 8. Any municipal corporation which shall 
have voted to retain the powers of control vested 
therein respecting any class or classes of public 
utilities, or which may have reinvested itself with 
such power, as hereinafter provided, may thereafter 
surrender its powers of control as to such class or 
classes of public utilities at a general municipal 
election or a special election therein called for that 
purpose. The ballots to be used at such election 
shall have printed thereon, in addition to the other 
matters required by law, separate propositions as to 
each of the classes of public utilities as to which 
such municipal corporation may theretofore have 
voted to retain its powers of control or with which 
it may have reinvested itself. As to each of such 
classes of public utilities, and in addition to the 
other matters required by law to be printed thereon, 
a proposition shall be printed on the ballot to be 
used at such election in substantially the following 
form: “ Shall. (name of munici¬ 

pal corporation) surrender its powers of control over 

. (here insert class of public 

utility) to the railroad commission 1 ? ’ ’ Opposite 
each such proposition to be voted upon, and to the 
right thereof, the words “Yes” and “No” shall 
be printed on separate lines, with voting squares. 
Any elector desiring to vote to surrender the powers 
of control of such municipal corporation over any 
class of public utility specified on the ballot, shall 




368 


ELECTION LAWS 


stamp a cross (X) in the voting square opposite the 
printed word “Yes,” after the proposition as to 
such class; and any elector desiring to vote not to 
surrender the powers of control of such municipal 
corporation over such class of public utility, shall 
stamp a cross (X) in the voting square opposite the 
printed word “No” after the proposition as to 
such class. The provisions of sections 4, 5 and 7 
of this act, in so far as applicable, shall govern 
elections called, conducted and held under the pro¬ 
visions of this section and to general municipal elec¬ 
tions at which such propositions shall be submitted. 
If it shall appear from the result of such election 
declared as provided in section 7 of this act, that 
a majority of the qualified electors of such munici¬ 
pal corporation voting on any proposition submitted 
as provided in this section, shall have voted to 
surrender the powers of control of such municipal 
corporation respecting any particular class of public 
utility, such municipal corporation shall be deemed 
to have surrendered its powers of control as to such 
class of public utility to the railroad commission, 
and such powers shall thereafter vest in and be 
exercised by the railroad commission, as provided 
by law, upon the filing, in the office of the railroad 
commission, of a certified copy of the order declar¬ 
ing the result of such election until such municipal 
corporation shall reinvest itself with such powers 
as hereinafter provided; and if it shall appear from 
the results of such election, as declared, that a ma¬ 
jority of such qualified electors voting on any such 
proposition shall have voted not to surrender such 
powers of control respecting any particular class 
of public utility, such powers of control shall con¬ 
tinue in such municipal corporation; provided, how¬ 
ever, that such powers of control may thereafter 
be surrendered by such municipal corporation at any 
subsequent election at which the question of such 
surrender may again be submitted under the pro¬ 
visions of this act. 

Sec. 9. Any municipal corporation that shall have 
surrendered to the railroad commission powers of 


ELECTION LAWS 


369 


control respecting any class of public utility may 
thereafter reinvest itself with such powers by a vote 
of the qualified electors thereof taken at a general 
municipal election or at a special election. The 
ballots to be used at such election shall have printed 
thereon, in addition to the other matters required 
by law, separate propositions as to each class of 
public utility designated in the petition for such 
election or in the ordinance of intention. As to 
each such class of public utility, a proposition shall 
be printed on the ballot in substantially the fol¬ 
lowing form: “Shall . (name of 

municipal corporation) reinvest itself with powers 

of control over . (class of public 

utility)?” Opposite each such proposition to be 
voted upon and to the right thereof, the words 
“Yes” and “No” shall be printed on separate 
lines, with voting squares. Any elector desiring to 
vote to reinvest such municipal corporation with 
powers of control respecting any class of public 
utility designated on the ballot shall stamp a cross 
(X) in the voting square after the printed word 
“Yes” opposite the proposition as to such class, 
and any elector desiring to vote not to reinvest such 
municipal corporation with powers respecting such 
class of public utility shall stamp a cross (X) in 
the voting square after the printed word “No” 
opposite such proposition. The provisions of sec¬ 
tions 4, 5 and 7 of this act, in so far as applicable, 
shall apply to elections called, conducted and held 
under the provisions of this section and to general 
municipal elections at which such propositions shall 
be submitted. If it shall appear from the result of 
such election, declared as provided in said section 
7, that a majority of the qualified electors of such 
municipal corporation voting on any proposition 
submitted as provided in this section shall have 
voted to reinvest such municipal corporation with 
powers of control respecting any particular class 
of public utility, such municipal corporation shall 
be deemed to have reinvested itself with such 
powers, and upon the filing in the office of the 




370 


ELECTION LAWS 


railroad commission of a certified copy of the order 
declaring the result of such election, the powers of 
control with which such municipal corporation shall 
have voted to reinvest itself, as shown by such 
order, shall cease to be exercised by the railroad 
commission, and shall vest in and be exercised by 
such municipal corporation; and if it shall appear 
from the result of such election, as declared, that 
a majority of the qualified electors of such munici¬ 
pal corporation voting on any such proposition, as 
provided in this section, shall have voted not to 
reinvest such municipal corporation with powers of 
control respecting any particular class of public 
utility, such powers of control shall continue in and 
be exercised by the railroad commission; provided, 
that such municipal corporation may thereafter re¬ 
invest itself with such powers of control at any 
subsequent election at which such question may be 
again so submitted under the provisions of this 
act. 

Sec. 10. The holding of a special election or elec¬ 
tions, or the submission of propositions at any gen¬ 
eral municipal election, under any of the provisions 
of this act, shall not be construed to preclude the 
holding of a subsequent special election or elections 
or the subsequent submission of propositions at a 
general municipal election or elections, on the ques¬ 
tion of the retention, surrender or re-investment 
by a municipal corporation of its powers of con¬ 
trol respecting any class or classes of public utili¬ 
ties, as in this act provided; provided, that not 
more than one such special election shall be held 
within any period of twelve months. 

Sec. 11. Except as otherwise in this act pro¬ 
vided, the holding and conducting of elections un¬ 
der the provisions of this act, the form of the 
ballots used, the opening and closing of the polls, 
the canvass of the returns and the declaring of the 
result shall conform, as nearly as may be, to such 
laws as shall now or hereafter be applicable to 
special municipal elections held in the municipal 
corporation affected. 


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